The New Passport Sex Policy recently reinstated by the Trump administration has created significant challenges for U.S. citizens whose gender identity differs from their sex assigned at birth. The policy requires passports to display biological sex at birth, eliminating options such as the “X” gender marker that were previously allowed under the Biden administration. This change has sparked concerns among transgender, nonbinary, and intersex communities about travel, safety, and personal recognition.
Background of the New Passport Sex Policy
In June 2025, a federal court issued an injunction allowing individuals to select gender markers on passports that reflect their identity rather than their birth sex. However, in November 2025, the Supreme Court granted an emergency stay in Orr v. Trump (Docket No. 25A319), reinstating the New Passport Sex Policy while litigation continues. The stay effectively pauses the lower court ruling, requiring the government to enforce the birth-sex designation on all new passports.
Impact on Travelers
The New Passport Sex Policy affects a wide range of U.S. citizens:
- Transgender individuals: Those who previously obtained or sought an “X” or identity-matching marker must now use the sex assigned at birth.
- Nonbinary and intersex travelers: Options to select nontraditional markers are unavailable under the current policy.
- International travel complications: Mismatches between gender markers and gender presentation could increase risks during security checks or immigration processes.
This policy has created confusion and frustration among affected communities, who fear its practical consequences on travel safety, identity validation, and legal recognition abroad.
Legal Context and Ongoing Litigation of the New Passport Sex Policy
The Supreme Court’s stay on the lower court injunction is temporary, pending the outcome of appeals in the First Circuit or potential Supreme Court review. Legal advocates argue the New Passport Sex Policy may violate equal protection principles, while the government contends it is necessary for consistency and administrative clarity. The case remains highly controversial and closely watched by civil rights groups.
Looking Ahead
For now, the New Passport Sex Policy remains in effect, and individuals must comply with the birth-sex requirement on passports. The final outcome will depend on the ongoing court proceedings, which could either uphold the policy or restore broader gender-marker options. Citizens impacted by the policy should monitor developments and plan travel accordingly.
Source: Supreme Court, U.S Department of State
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