Trump’s Executive Order Eliminates X Gender Marker on U.S. Passports
Upon returning to the White House, Donald Trump swiftly enacted a series of executive orders, overturning key policies from the previous administration. One particularly controversial order significantly restricts gender recognition in federal documentation.
Stricter Gender Policies Enforced
Under this new directive, all federal documents—including passports—must now adhere strictly to a binary gender system based on biological sex at birth. This policy reverses prior allowances for non-binary and transgender individuals to select an X gender marker on their passports and other official records. The sudden implementation of these changes has left many affected individuals seeking legal options and clarity on the new regulations.
Beyond passports, the executive order has broader implications, affecting legal identification, prison assignments, and federal policies related to gender identity. Advocacy organizations are preparing legal challenges, and affected individuals are working to navigate the shifting landscape of their rights and documentation.
Key Changes in the Executive Order
Trump’s executive order, titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” rolls back federal recognition of gender identity in official records. It mandates that all federal agencies classify individuals strictly as male or female based on their birth sex.
During the Biden administration, the introduction of the X gender marker in 2021 was seen as a major step toward inclusivity, aligning the U.S. with other nations such as Canada, Germany, and Australia, which offer non-binary gender options on official documents. Jessica Stern, the former U.S. Special Envoy for LGBTQ+ Rights, had described the X marker as a move toward acknowledging the diversity of gender identity among U.S. citizens.
However, Trump’s order nullifies this policy. In an internal memo, Secretary of State Marco Rubio reinforced the new standard, stating: “The policy of the United States is that an individual’s sex is not changeable. Sex, not gender, shall be used on passports and consular reports of birth abroad.”
Impact on Federal Prisons and Other Policies
The order’s reach extends beyond documentation. Federal prison policies have also been altered, mandating that inmates be housed according to their biological sex rather than their gender identity. This raises concerns among advocacy groups, as transgender women placed in men’s prisons may face heightened risks of violence and discrimination.
Additionally, other federal institutions, including those handling healthcare and workplace protections, may now revert to policies that only recognize biological sex, reversing previous accommodations for transgender and non-binary individuals.
Suspension of X Gender Marker Applications
Effective immediately, passport applications requesting an X gender marker have been suspended, leaving non-binary and intersex individuals without a clear path for legal identification.
Existing X-marker passports remain valid, but the State Department has not clarified whether holders will be allowed to renew them. This uncertainty raises potential challenges for travel, employment verification, and legal identification. Travelers with X-marker passports may also face increased scrutiny at international borders, especially in countries that no longer recognize the designation.
Legal and Advocacy Responses
LGBTQ+ rights organizations have strongly condemned the executive order. GLAAD President Sarah Kate Ellis called the move “a direct attack on the rights of transgender and non-binary individuals.” Legal experts predict a wave of lawsuits, with the American Civil Liberties Union (ACLU) already preparing to challenge the order on constitutional grounds.
Key legal arguments against the order include violations of the Equal Protection Clause, potential overreach by the State Department, and conflicts with international human rights standards. Advocates argue that requiring individuals to misrepresent their gender identity on official documents amounts to government-mandated discrimination.
What Affected Individuals Can Do
While X-marker passports remain valid for now, individuals are encouraged to renew them as soon as possible to avoid future complications. Those with pending applications should contact the State Department for updates, though responses may be limited due to the policy shift.
Legal organizations such as the ACLU and Lambda Legal are offering support to those affected, and travelers with X-marker passports are advised to check with destination countries regarding entry requirements. Carrying additional identification, such as state-issued IDs, may help mitigate potential issues at airports and border crossings.
The Future of Gender Identity Documentation in the U.S.
Trump’s executive order marks a significant rollback of gender-inclusive policies, reigniting debates over legal recognition and civil rights. Court battles in the coming months will likely determine the policy’s longevity, but for now, non-binary and transgender individuals must navigate a more restrictive federal documentation system.
As legal challenges unfold, the future of gender identity recognition in U.S. government records remains uncertain. Whether through litigation or future policy shifts, the fight for inclusive documentation continues.
