On March 25, 2025, transgender and nonbinary Americans, backed by the American Civil Liberties Union (ACLU), escalated their battle against a Trump administration policy that mandates passports reflect a person’s sex assigned at birth.
This executive order, signed by President Donald Trump on his first day in office, eliminates the “X” gender marker option and prohibits gender marker changes, sparking a federal lawsuit that could reshape identity rights.
The ACLU is pushing for a preliminary injunction in a Boston court to suspend the policy, arguing it infringes on personal freedoms and exposes transgender individuals to harassment and danger.
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A Personal Struggle: Ash Lazarus Orr’s Story
Ash Lazarus Orr, a transgender organizer and one of seven plaintiffs, faced a frustrating ordeal when renewing his passport in January 2025.
Expecting a smooth process to update his name and gender marker to male, Orr instead encountered delays that derailed his plans for gender-affirming care in Ireland.
“This policy blocks me from having accurate ID and restricts my freedom to travel,” Orr said.
His experience mirrors a broader issue: the Trump administration’s stance that sex is fixed at birth, rejecting gender transitions outright.
Orr’s troubles began earlier when the U.S. Transportation Security Administration flagged his documents as fake due to mismatched gender markers on his driver’s license and passport.
This incident, just days before Trump’s inauguration, prompted his renewal request—only to be stalled by the new policy.
“The government is questioning my identity as a trans person,” Orr added, highlighting the personal toll of the change.
The Lawsuit: Seven Plaintiffs, One Goal
The ACLU’s lawsuit, filed on behalf of five transgender and two nonbinary individuals, challenges the policy’s constitutionality.
The plaintiffs argue it violates equal protection rights and creates real-world harm.
One woman received a passport with a male designation despite her female identity, while another fears submitting her application, worried her passport could be held indefinitely.
A third plaintiff, waiting since January 9 for a gender marker update, remains stuck in Canada, risking missed family events and professional opportunities.
“These individuals have faced mistreatment due to their gender identities before,” the ACLU stated in court filings.
“Incorrect passport designations heighten the risk of harassment, discrimination, and even violence.”
The organization contends that accurate identity documents are a fundamental right, one the Trump policy strips away.
Trump Administration’s Defense
The Justice Department defends the policy, asserting that President Trump holds wide authority over passport regulations.
They argue it doesn’t violate constitutional protections and that plaintiffs aren’t significantly harmed since they can still travel internationally.
“The Department isn’t responsible for mismatched state and federal documents,” the administration wrote, shifting blame to plaintiffs’ choices to update other IDs.
Critics, however, see this as a weak justification.
The policy’s immediate impact—halting “X” markers for nonbinary and intersex individuals and freezing gender change requests—has left many in limbo, their travel and safety compromised.
A Rapid Rollback of Rights
Trump’s executive order didn’t stop at passports.
Signed on Inauguration Day, it also seeks to define sex strictly as male or female across federal policies, potentially affecting housing, military service, healthcare, and sports.
Transgender women could be forced into men’s prisons, transgender troops might be discharged, and federal funds for gender-affirming care for minors could vanish.
Transgender girls and women may also be barred from female sports, echoing recent state-level bans.
The State Department acted swiftly, removing “X” marker options and scrubbing transgender and intersex references from its “LGBTQI+” traveler webpage, now simply “LGB.”
Pending applications for gender updates were shelved, leaving applicants like Orr without recourse.
The Broader Impact on Transgender Lives
For transgender, nonbinary, and intersex Americans, the stakes are high. Passports are more than travel documents—they’re a lifeline to safety and recognition.
Mismatched IDs can lead to scrutiny at borders, airports, or even routine traffic stops, outing individuals in potentially hostile situations.
“This policy invites violence and discrimination,” said ACLU lawyer Sruti Swaminathan.
“Transgender people deserve passports that reflect who they are.”
The plaintiffs’ stories underscore this urgency.
One fears missing a botany conference, another a family wedding—milestones disrupted by bureaucratic stonewalling.
For Orr, the delay means postponing critical healthcare, a delay he attributes directly to Trump’s order.
Legal Battle Heats Up in Boston
The ACLU’s push for a preliminary injunction, set for a hearing on March 26, 2025, in Boston, could pause the policy’s enforcement.
If granted, it would offer temporary relief while the lawsuit unfolds, potentially setting a precedent for identity rights under Trump’s second term.
Legal experts say the case hinges on whether courts view the policy as discriminatory or within presidential discretion.
“This isn’t just about passports,” Swaminathan argued.
“It’s about the government erasing transgender and nonbinary identities.”
The outcome could ripple beyond travel, influencing how federal agencies treat gender in other domains.
A Pattern of Policy Shifts
Trump’s passport rule aligns with other recent moves targeting transgender rights.
In Texas, a judge blocked a university drag ban, while the University of Maine complied with restrictions on transgender athletes.
These actions signal a broader conservative push to roll back gender identity protections, a trend Trump has championed since his 2024 campaign.
For now, the plaintiffs wait—some stranded, others fearful—hoping the courts will restore their right to accurate identification.
As Orr put it, “This isn’t just a delay. It’s an attack on my freedom and my existence.”
The fight over Trump’s passport policy underscores a broader clash over identity and freedom, with transgender Americans at the forefront.
As the Boston court ruling looms, their battle could redefine rights in an era of shifting political tides.
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