Passport Victory: Court Blocks Trump-Era Ban on Gender-Affirming IDs for Transgender Americans

Passport Victory: Court Blocks Trump-Era Ban on Gender-Affirming IDs for Transgender Americans

Passport Victory: Court Blocks Trump-Era Ban on Gender-Affirming IDs for Transgender Americans

An overhead view of a passport holder on top of maps, symbolizing travel and exploration.
Photo by Nataliya Vaitkevich on Pexels

In a landmark legal victory, a federal judge has issued a sweeping injunction, halting a Trump-era policy that forced transgender, nonbinary, and intersex Americans to carry passports reflecting their sex assigned at birth. This decision grants temporary relief to an estimated thousands of individuals, allowing them to obtain passports that align with their gender identity or utilize a neutral “X” marker.

The ruling expands upon a previous preliminary injunction granted in Orr v. Trump, a lawsuit challenging the discriminatory policy. Initially, the injunction covered six plaintiffs; today’s decision extends that protection to all those impacted by the policy – past, present, and future.

“This is a monumental win for transgender rights,” stated Li Nowlin-Sohl, Senior Staff Attorney for the ACLU’s LGBTQ & HIV Project. “The Trump administration’s policy was a blatant attempt to erase transgender individuals and deny them basic human dignity. This decision affirms the right of all Americans to live authentically and travel freely.”

The policy, implemented shortly after President Trump’s 2025 inauguration, immediately halted processing of some passport applications and forced others to receive passports reflecting their sex assigned at birth. The ACLU and Advocates for Transgender Equality collected over 214,000 public comments opposing the change.

Jessie Rossman, Legal Director at the ACLU of Massachusetts, highlighted the practical implications of the policy: “This decision recognizes the devastating impact this had on people’s ability to travel for work, education, and family. This was about more than just a document; it was about denying fundamental rights.”

The lawsuit, filed by the American Civil Liberties Union, the ACLU of Massachusetts, and Covington and Burling LLP, continues its pursuit of permanently ending the discriminatory policy. The court’s decision offers a crucial lifeline to transgender, nonbinary, and intersex individuals, allowing them to move forward with their lives free from the constraints of an unjust law.

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