Court Sides With ACLU in Blocking Trump’s Gender Marker Policy on Passports


In a significant legal development, U.S. District Judge Julia Kobick has expanded a preliminary injunction in the case of Orr v. Trump. This ruling allows transgender, nonbinary, and intersex individuals to request passports that align with their gender identity or opt for an “X” designation.
The court’s decision effectively blocks a Trump administration policy, established by an executive order on January 20, 2025, which mandated that passports reflect the sex assigned at birth.
The court halted a 2025 Trump order requiring birth sex on passports.
The ACLU, representing twelve plaintiffs, argued that the policy infringed upon constitutional rights, specifically targeting the Fifth Amendment’s equal protection clause. The plaintiffs highlighted how this policy negatively impacted their ability to travel and compromised their personal dignity.
Judge Kobick’s ruling concluded that the government failed to demonstrate a substantial governmental interest in enforcing such a policy.
The injunction now applies to all new applications, replacements, and renewals, ensuring individuals receive passports consistent with their gender identity.
This development marks a notable shift in the legal landscape regarding gender identity and the rights of transgender and nonbinary individuals. The court’s decision underscores the importance of upholding constitutional rights and the necessity of policies that reflect the diversity of gender identities.
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