You can (once again) change your gender on your U.S. passport

Trump's prohibition is motivated by anti-trans animus

passport illustration
Passport by Clker-Free-Vector-Images from Pixabay

In April, a federal court ruled that Trump's prohibition against trans people updating their gender marker on their U.S. passport was motivated by anti-trans animus.

The same court tonight granted class certification to trans and nonbinary people who want to obtain, update, or renew their passports. The judge recognized two classes of people: those who use or seek an M or F gender marker different from their sex assigned at birth, and those who use or seek an X gender marker. If you belong to either class, you can once again submit passport applications as you would have prior to Trump's inauguration. The government isn't injured by having to "issue passports bearing sex designations with which it disagrees," the judge wrote; it is trans people whose "constitutional right to equal protection of the laws" is violated if they can't get an appropriate passport.

This is important not only for travel but for voting, as Trump has been trying to essentially require passports for voter registration (by requiring proof of citizenship).

Erin Reed calls this "one of the most significant legal victories for transgender people under Trump’s second presidency, striking at one of the administration’s most punitive policies to date."

Tonight's court ruling takes effect immediately. Who should consider submitting a passport application immediately? Those "with incorrect gender markers, those seeking their first passport, or those with expired documents who need to travel soon," Reed says. Keep in mind that the government is likely to appeal and the judge's ruling could be blocked, so think about your "risk tolerance and individual circumstances."