In a significant moment for transgender, nonbinary, and intersex Americans, the First U.S. Circuit Court of Appeals has firmly declined to allow the Trump administration’s effort to reinstate a policy that would enforce passports listing only biological sex markers.
At the heart of the legal battle lies Executive Order 14168, signed on January 20, 2025, which sought to erase the option for gender identity recognition in federal documents by mandating that passports be restricted to the binary sexes “M” or “F,” as assigned at birth. The executive order forced a rollback of more progressive policies that permitted “M,” “F,” or “X” markers and allowed individuals to self-determine their sex designation.
From the outset, advocates emphasized the real-world consequences of such a rollback. In April, a Massachusetts federal judge issued a preliminary injunction, citing that the policy’s animus toward transgender individuals violated the equal protection clause of the Fifth Amendment. Originally covering just six plaintiffs, the injunction expanded into a nationwide class action by mid-June, ensuring relief to all U.S. citizens seeking updated passports that reflect their gender identity.
On September 5, 2025, the appeals court reaffirmed this injunction. The three-judge panel, appointed by the Biden administration, determined that the Trump administration had failed to demonstrate a high probability of winning the case on legal grounds and had not meaningfully addressed the lower court’s conclusion that the policy was rooted in unconstitutional prejudice.
Moreover, plaintiffs convincingly argued that the policy would not remain abstract bureaucracy; it would pose concrete dangers. Trans, nonbinary, and intersex travelers could face increased risk of harassment or violence if forced to carry identification that misgenders them.
For advocates and affected communities, the ruling is more than a legal victory; it’s a lifeline. “The ability to access accurate identification is core to the safety and well-being of all people in this country,” said ACLU’s Massachusetts Legal Director Jessie Rossman. “It has profound impacts on the ability of trans, nonbinary, and intersex [individuals] to travel and exist in this country.”
In response, White House spokespeople characterized the ruling as contrary to what they termed biological truth, accusing the court of promoting a “radical gender ideology.” Yet, for those whose lives depend on being recognized as they are, truth is being honored in the court’s decision, not erased.
Importantly, the State Department has already taken steps to comply with the injunction. Beginning in early July, a new attestation form, required when requesting a gender marker change, including to “X,” became available. Corrections for previously issued documents can be filed at no cost using Form DS-5504, and a corrected birth certificate is not required. Nonetheless, the ACLU cautions that this breakthrough could be paused if a higher court stays the injunction; they urge eligible individuals to apply as soon as possible.
This ruling underscores how legal protections and affirming identification are not bureaucratic niceties; they’re safety, dignity, and freedom. While the fight for permanent equality continues, today’s decision offers a crucial victory: the right to be seen, respected, and validated on the most essential of documents, a passport.
