A judge has expanded a preliminary injunction on a move by President Donald Trump’s administration that would limit a person’s sex listed on their passport to align with their biological sex.
U.S. District Court for the District of Massachusetts Judge Julia Kobick expanded the preliminary injunction on June 17 after she ruled in favor of six plaintiffs who identified as transgender or nonbinary in April.
The plaintiffs were challenging a Trump administration rule change that restricted passport sex to align with birth sex, overturning a State Department policy that allowed people to choose the sex displayed on their passport, including an “X” option for individuals who identify as intersex and non-binary.
In that April ruling, only the six plaintiffs were allowed to receive passports aligning with their gender identity. The June 17 ruling issued by Kobick expands that order to grant class certification, pausing enforcement of the rule change nationwide.
The Trump administration is likely to appeal the decision. In the interim, Kobick’s order prevents the State Department from enforcing the administration’s revised rules.
The United States has permitted individuals who identify as transgender and intersex to choose a different sex for their passport than their birth sex since 1992, pending submission of medical documentation, until the rules were changed in 2021 under President Joe Biden. The Biden administration allowed people to self-select their passport sex marker based on gender identity, while non-binary, intersex, and other individuals were allowed to select an “X” marker rather than “M” or “F.”
Executive Order 14168
Executive Order 14168, signed by Trump, set guidelines for his administration’s broad policy toward sex and gender issues.
“It is the policy of the United States to recognize two sexes, male and female, [which] are not changeable and are grounded in fundamental and incontrovertible reality,” the order reads.
Following the executive order, the State Department changed the rules governing passports. Passport sex was restricted by the rule change to align solely with the sex assigned at birth, while it removed the “X” passport option entirely.
The suit was originally brought against the policy by seven plaintiffs who identify as transgender and non-binary, who sought to have it overturned. One of those later withdrew from the case.
Kobick sided with the plaintiffs in April, ruling that “the Executive Order and Passport Policy discriminate on the basis of sex and the government failed to demonstrate that the policies are substantially related to an important government interest, and … are rooted in irrational prejudice toward transgender Americans.”
Since then, five other individuals have joined the case as plaintiffs, including two individuals who identify as intersex.
The administration has argued that basing criteria for sex designation on any grounds other than sex assigned at birth is subjective.
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