Transgender Passport Holders Celebrate Temporary Victory Against Trump’s Gender Marker Policy: ACLU Takes Action

BOSTON – A federal judge has widened a preliminary injunction in Orr v. Trump, affecting transgender, nonbinary, and intersex passport holders. This ruling pauses the enforcement of a Trump-era policy that mandated passports to list only the sex assigned at birth.

Earlier this year, the court allowed six plaintiffs to obtain passports that reflect their gender identity or have an “X” designation while the case continues. Lawyers then pushed to extend this injunction to everyone affected by the policy.

Now, anyone applying for a passport—whether it’s new, renewed, or to replace a lost one—can receive a passport that aligns with their gender identity or has an “X” option. This includes people who previously received passports that didn’t match their gender identity.

Li Nowlin-Sohl, Senior Staff Attorney for the ACLU’s LGBTQ & HIV Project, emphasized the importance of this decision. “This ruling is a vital win against discrimination,” she said. It recognizes that the former policy created barriers for many individuals, impacting their dignity and rights.

Jessie Rossman, ACLU of Massachusetts’s Legal Director, pointed out that the old policy negatively affected people’s ability to travel for work, education, and family reasons. He stressed the significance of privacy and living safely, reminding us that everyone deserves respect.

On January 20, 2025, Trump signed an executive order that sought to enforce discrimination against transgender individuals in federal programs, including the issuance of identification documents like passports. This prompted immediate backlash, with the ACLU gathering over 214,000 public comments opposing the policy.

The Orr v. Trump case was initiated by the ACLU and other organizations on behalf of seven individuals who were denied passports reflecting their identities. This lawsuit has since grown, now representing a broader class of affected passport holders.

Historically, policies on gender and identification have been contentious. Over the years, societal views have shifted dramatically. According to a recent Gallup poll, as of 2023, 71% of U.S. adults support transgender rights, a significant increase from previous years. This change highlights a growing acknowledgment of the rights of individuals to live authentically.

Support for LGBTQ+ rights continues to gain traction on social media. Online platforms have become spaces for advocacy, with many sharing personal stories and calling for equality. This public support plays a crucial role in changing perceptions and influencing policy.

As this case unfolds, it signals a vital change in how transgender individuals can express their identities and navigate bureaucratic systems. The ruling not only protects current passport holders but sets a precedent for future policies, reinforcing the need for inclusivity.

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