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A federal judge has blocked the Trump administration’s policy restricting transgender, nonbinary, and intersex Americans from receiving passports that reflect their gender identity. The ruling marks a major legal setback for President Donald Trump’s executive order directing the U.S. government to recognize only two biological sexes—male and female.
U.S. District Judge Julia Kobick, appointed by President Joe Biden, expanded a previous injunction she issued in April. That earlier ruling applied only to six individual plaintiffs, allowing them to obtain passports with a gender marker consistent with their identity or a neutral “X” designation. On Tuesday, Kobick granted class-action status to the case, halting the policy nationwide for all affected groups.
Kobick ruled the State Department’s enforcement of Trump’s executive order likely violated the Fifth Amendment’s guarantee of equal protection, calling the policy discriminatory and driven by “irrational prejudice” against transgender individuals. Under the policy, the State Department required applicants to list their sex assigned at birth and removed the option for an “X” marker, effectively eliminating the self-identification process allowed under the Biden administration.
Li Nowlin-Sohl, attorney for the plaintiffs with the American Civil Liberties Union (ACLU), hailed the decision as “a critical victory against discrimination and for equal justice under the law.” In contrast, White House spokesperson Anna Kelly criticized the judge, calling the decision a political act that supports “radical gender ideology.”
The lawsuit challenges Trump’s executive order, issued after returning to office in January, that reversed prior policies. Under Biden, applicants could self-select “M,” “F,” or “X” on passports. The Trump directive mandated recognition of only biological sex and ordered policy changes in federal documentation.
The case remains ongoing but has temporarily secured the rights of transgender, nonbinary, and intersex Americans to accurate gender representation on their passports.
