President Donald Trump signed an executive order on January 20, 2025, mandating that all federal identification documents, including passports, reflect an individual’s sex assigned at birth. This directive effectively eliminates the option for nonbinary “X” gender markers and halts the processing of applications seeking to change existing gender markers. The move has profound implications for transgender and nonbinary individuals, affecting their legal recognition and personal identification.
The executive order, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” establishes a binary definition of gender, recognizing only male and female sexes as determined at birth. This policy reverses previous measures that allowed individuals to self-identify their gender on federal documents without requiring medical documentation. The administration asserts that this approach is necessary to maintain clarity and consistency in federal records.
Following the executive order, the State Department promptly suspended the issuance of passports with “X” gender markers and ceased processing requests for gender marker changes. Individuals who had applied for such changes prior to the order have reported receiving notifications that their applications are on hold indefinitely. This sudden policy change has left many without valid identification, posing challenges for travel, employment, and access to services.
In response to the executive order, seven transgender Americans, represented by the American Civil Liberties Union (ACLU), filed a federal lawsuit against President Trump and the State Department. The lawsuit argues that the policy violates the Administrative Procedures Act and infringes upon constitutional rights under the First Amendment, the Equal Protection Clause, and the Due Process Clause. Advocacy groups emphasize that the policy disregards the identities of transgender and nonbinary individuals, leading to potential discrimination and harm.
The policy change has had tangible effects on individuals like Mellow, a transgender woman who was in the process of updating her passport to reflect her gender identity. With her application now stalled, Mellow faces uncertainty and distress, particularly concerning international travel and personal safety. Such stories underscore the real-world consequences of the policy shift, highlighting the challenges faced by those whose identities are not recognized by the new federal standards.
Beyond passport issuance, the executive order’s strict binary definition of gender has broader implications. It affects areas such as housing assignments for transgender inmates, participation in gender-specific programs, and access to gender-affirming healthcare. The policy has also led to the removal of LGBTQ+ resources from federal websites, further marginalizing these communities.
Conclusion
President Trump’s executive order redefining gender as strictly binary on federal identification documents marks a significant shift in policy, with far-reaching consequences for transgender and nonbinary individuals. As legal challenges proceed and advocacy efforts continue, the nation watches closely to see how this policy will impact the rights and recognition of all its citizens.
