A federal judge on Friday stopped the Trump administration from enforcing a policy that would ban the use of the “X” gender marker on passports and restrict people from changing their gender marker.
The policy, part of an executive order signed in January, defines people strictly as male or female and does not recognise gender transition. This view aligns with conservative beliefs but goes against medical experts and previous policies under former President Joe Biden.
US District Judge Julia Kobick, who was appointed by President Joe Biden, sided with the American Civil Liberties Union’s motion for a preliminary injunction, which stays the action while the lawsuit plays out.
“The Executive Order and the Passport Policy on their face classify passport applicants on the basis of sex and thus must be reviewed under intermediate judicial scrutiny,” Kobick wrote. “That standard requires the government to demonstrate that its actions are substantially related to an important governmental interest. The government has failed to meet this standard.” The ACLU, which sued the Trump administration on behalf of five transgender Americans and two nonbinary plaintiffs, said the new policy would effectively mean transgender, nonbinary and intersex Americans could not get an accurate passport.
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