Following President Donald Trump’s executive order on January 20, 2025, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” the U.S. government has mandated that all federal identification documents, including passports, recognize only male and female sexes based on biological classification.
As a result, the U.S. Department of State has suspended the processing of passport applications requesting the “X” gender marker, which was previously available for nonbinary individuals.
Existing passports with the “X” marker remain valid until their expiration or replacement.
This policy change has led to legal challenges. The American Civil Liberties Union (ACLU) has filed a federal lawsuit on behalf of seven individuals, challenging the State Department’s refusal to issue passports with accurate sex designations.
Additionally, federal judges have temporarily paused the executive order that halts federal support for gender-affirming care for transgender youth under 19, citing constitutional violations.
These developments have raised concerns about the rights and recognition of transgender and nonbinary individuals in the United States.