Trump can't limit passport sex markers for many transgender and nonbinary people, judge rules

Applicants seeking a new passport can request a male, female or “X” marker rather than being limited to the marker that matches the gender assigned at birth.

BOSTON — A federal judge has blocked the Trump administration from limiting passport sex markers for many transgender and nonbinary Americans.

Tuesday’s ruling from U.S. District Judge Julia Kobick means that transgender or nonbinary people who are without a passport or need to apply for a new one can request a male, female or “X” identification marker rather than being limited to the marker that matches the gender assigned at birth.

In an executive order signed in January, the president used a narrow definition of the sexes instead of a broader conception of gender. The order said a person is male or female and rejected the idea that someone can transition from the sex assigned at birth to another gender.

Kobick first issued a preliminary injunction against the policy last month, but that ruling applied only to six people who joined with the American Civil Liberties Union in a lawsuit over the passport policy.

In Tuesday’s ruling she agreed to expand the injunction to include transgender or nonbinary people who are currently without a valid passport, those whose passport is expiring within a year, and those who need to apply for a passport because theirs was lost or stolen or because they need to change their name or sex designation.