U.S. District Judge Julia E. Kobick has issued a partial preliminary injunction against the Trump administration’s executive order barring trans people from changing the gender markers on their passports.
Kobick’s decision mandates that six of seven trans and nonbinary plaintiffs in a lawsuit filed by the American Civil Liberties Union (ACLU) receive passports that accurately reflect their gender identities. This includes allowing an X marker for those who do not identify as male or female.
Related:
“The Executive Order and the Passport Policy on their face classify passport applicants on the basis of sex and thus must be reviewed under intermediate judicial scrutiny,” Kobick stated, as reported by the Associated Press. “That standard requires the government to demonstrate that its actions are substantially related to an important governmental interest. The government has failed to meet this standard.”
Never Miss a Beat
Subscribe to our newsletter to stay ahead of the latest LGBTQ+ political news and insights.
She agreed that the plaintiffs could successfully prove the administration’s order is “based on irrational prejudice toward transgender Americans,” is “arbitrary and capricious,” and “was not adopted in compliance with the procedures required by the Paperwork Reduction Act and Administrative Procedure Act.”
“This ruling affirms the inherent dignity of our clients, acknowledging the immediate and profound negative impact that the Trump administration’s passport policy would have on their ability to travel for work, school, and family,” said Jessie Rossman, legal director at ACLU of Massachusetts, in a statement. “By forcing people to carry documents that directly contradict their identities, the Trump administration is attacking the very foundations of our right to privacy and the freedom to be ourselves. We will continue to fight to rescind this unlawful policy for everyone so that no one is placed in this untenable and unsafe position.”
The ACLU also plans to file a motion requesting Kobick’s decision apply to all trans and nonbinary people across the country.
“This decision is a critical victory against discrimination and for equal justice under the law,” said Li Nowlin-Sohl, senior staff attorney for the ACLU’s LGBTQ & HIV Project. “But it’s also a historic win in the fight against this administration’s efforts to drive transgender people out of public life. The State Department’s policy is a baseless barrier for transgender and intersex Americans and denies them the dignity we all deserve. We will do everything we can to ensure this order is extended to everyone affected by the administration’s misguided and unconstitutional policy so that we all have the freedom to be ourselves.”
The ACLU filed Orr v. Trumpin February after the president signed an executive order declaring that there were only two immutable genders: male and female. Afterward, Secretary of State Marco Rubio ordered that all passport applications requesting an “X” gender marker be suspended, as well as any applications listing a person’s gender identity rather than the sex they were assigned.
“I thought that 18 years after transitioning, I would be able to live my life in safety and ease,” trans man and plaintiff Reid Solomon-Lane said in a statement when the lawsuit was filed. “Now, as a married father of three, Trump’s executive order and the ensuing passport policy have threatened that life of safety and ease. If my passport were to reflect a sex designation that is inconsistent with who I am, I would be forcibly outed every time I used my passport for travel or identification, causing potential harm to my safety and my family’s safety.”
The lawsuit argues the passport policy is a violation of the Constitution’s Equal Protection and Due Process clauses and is also a violation of the First Amendment by compelling speech from trans, nonbinary, and intersex passport holders.
The Trump administration has argued the policy will not harm anyone.
“Some Plaintiffs additionally allege that having inconsistent identification documents will heighten the risk that an official will discover that they are transgender,” the Justice Department said. “But the Department is not responsible for Plaintiffs’ choice to change their sex designation for state documents but not their passport.”
Subscribe to the LGBTQ Nation newsletter and be the first to know about the latest headlines shaping LGBTQ+ communities worldwide.
Don’t forget to share:
Good News is your section for queer joy! Subscribe to our newsletter to get the most positive and fun stories from the site delivered to your inbox every weekend. Send us your suggestions for uplifiting and inspiring stories.
