Federal Court Rules on Passport Designations for Transgender and Nonbinary Americans
Boston, June 18, 2025 – A federal judge has issued a pivotal ruling that expands passport options for transgender and nonbinary individuals, allowing them to choose male, female, or "X" as their gender marker. U.S. District Judge Julia Kobick’s decision blocks a controversial policy instituted by the Trump administration aimed at limiting passport designations based on the sex assigned at birth.
The ruling impacts those currently applying for new passports, as well as individuals whose passports are expiring or need to be updated due to name or gender changes. Kobick had previously issued a preliminary injunction for a small group of individuals involved in a lawsuit brought by the American Civil Liberties Union (ACLU), which argued the policy violated constitutional rights to equal protection.
The executive order from January adopted a narrow definition of gender, excluding nonbinary identities and disregarding the rights of individuals who may transition. The administration contended that the passport policy did not infringe on constitutional guarantees, asserting that the President has broad discretion over passport regulations.
However, Judge Kobick emphasized that the government failed to demonstrate any constitutional harm that would arise from blocking the policy. She underscored that the ACLU’s plaintiffs have shown the policy violates their rights, impacting their ability to travel freely and participate in personal events.
Since her appointment by President Joe Biden, Kobick’s ruling highlights ongoing tensions surrounding policies affecting transgender and nonbinary communities. The White House has not yet commented on this latest judicial decision, which marks a significant victory for advocates advocating for inclusive recognition and equality in government identification processes.
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