Judge says government can't limit passport sex markers for many transgender, nonbinary people

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

Tuesday’s decision by U.S. District Judge Julia Kobick now allows transgender or nonbinary individuals applying for a passport, or renewing one, to select a male, female, or “X” identification marker, rather than being restricted to the gender assigned at their birth.

In January, the president issued an executive order that defined sexes narrowly, as opposed to recognizing a wider understanding of gender. This order specified individuals as either male or female and dismissed the concept of transitioning from the sex assigned at birth to a different gender.

Last month, Kobick initially issued a preliminary injunction against this policy, but at that time, it was limited to six individuals who had partnered with the American Civil Liberties Union to challenge the passport policy in court.

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.

The White House did not immediately respond to a request for comment.

The government failed to show that blocking its policy would cause it any constitutional injury, Kobick wrote, or harm the executive branch’s relations with other countries.

The transgender and nonbinary people covered by the preliminary injunction, meanwhile, have shown that the passport policy violates their constitutional rights to equal protection, Kobick said.

“Even assuming a preliminary injunction inflicts some constitutional harm on the Executive Branch, such harm is the consequence of the State Department’s adoption of a Passport Policy that likely violates the constitutional rights of thousands of Americans,” Kobick wrote.

Kobick, who was appointed by former President Joe Biden, sided with the ACLU’s motion for a preliminary injunction, which stays the action while the lawsuit plays out.

“The Executive Order and the Passport Policy on their face classify passport applicants on the basis of sex and thus must be reviewed under intermediate judicial scrutiny,” Kobick wrote in the preliminary injunction issued earlier this year. “That standard requires the government to demonstrate that its actions are substantially related to an important governmental interest. The government has failed to meet this standard.”

In its lawsuit, the ACLU described how one woman had her passport returned with a male designation while others are too scared to submit their passports because they fear their applications might be suspended and their passports held by the State Department.

Another mailed in their passport Jan. 9 and requested to change their name and their sex designation from male to female. That person was still waiting for their passport, the ACLU said in the lawsuit, and feared missing a family wedding and a botany conference this year.

In response to the lawsuit, the Trump administration argued that the passport policy change “does not violate the equal protection guarantees of the Constitution.” It also contended that the president has broad discretion in setting passport policy and that plaintiffs would not be harmed since they are still free to travel abroad.

___

Associated Press writer Rebecca Boone in Boise, Idaho, contributed.

You May Also Like

Carlos Cordeiro Resigns as White House World Cup Adviser Over FIFA’s $20 Billion Cash Grab - Internewscast Journal

Carlos Cordeiro Resigns as White House World Cup Adviser Over FIFA’s $20 Billion Cash Grab

Carlos Cordeiro, a senior FIFA adviser who served as the organization’s representative…
Parents Who Refuse to Pay Child Support May Lose SNAP Benefits Under Reinstated Trump Rule - Internewscast Journal

Parents Who Refuse to Pay Child Support May Lose SNAP Benefits Under Reinstated Trump Rule

WASHINGTON — Millions of parents who are behind on child support payments…
Bryan Kohberger Gets New Lawyer as Idaho Case Tops $8M in Costs - Internewscast Journal

Bryan Kohberger Gets New Lawyer as Idaho Case Tops $8M in Costs

Judge approves new lawyer for Bryan Kohberger in Idaho murder trial A…
Anthropic Reveals Claude: What Its New AI Assistant Can Do - Internewscast Journal

Anthropic Reveals Claude: What Its New AI Assistant Can Do

Anthropic said Thursday that its Claude AI model “gained unauthorized access” to…
Ohio Man May Have Been Lured by Howls Into Puerto Rico Ambush - Internewscast Journal

Ohio Man May Have Been Lured by Howls Into Puerto Rico Ambush

Tyler Wilkin’s loved ones are urgently searching for answers after he was…
Spain Deploys Military as Thousands of Migrants Overwhelm Border Enclave, Leaving at Least 9 Dead - Internewscast Journal

Spain Deploys Military as Thousands of Migrants Overwhelm Border Enclave, Leaving at Least 9 Dead

Spain is sending military personnel to Ceuta, its North African enclave, after…
Stassi Schroeder Clark Holds Nothing Back in Hulu’s House of Stassi - Internewscast Journal

Stassi Schroeder Clark Holds Nothing Back in Hulu’s House of Stassi

NEW YORK — Stassi Schroeder Clark is stepping back into the spotlight,…
Amazon Engineer Drowns in Lake Tahoe as Tragic Details Emerge - Internewscast Journal

Amazon Engineer Drowns in Lake Tahoe as Tragic Details Emerge

An Amazon software engineer from Texas who drowned in Lake Tahoe had…
Jimmy Hoffa’s Family Reflects 51 Years After His Mysterious Disappearance - Internewscast Journal

Jimmy Hoffa’s Family Reflects 51 Years After His Mysterious Disappearance

The night Jimmy Hoffa disappeared 51 years ago Fox Nation is streaming…
Luigi Mangione Could Walk Free as Radical Group Mobilizes - Internewscast Journal

Luigi Mangione Could Walk Free as Radical Group Mobilizes

Supporters of Luigi Mangione are intensifying calls for jurors to consider a…
Chicago Board Approves $9.8B CPS Budget With Teacher Layoffs - Internewscast Journal

Chicago Board Approves $9.8B CPS Budget With Teacher Layoffs

CHICAGO () — The Chicago Board of Education voted Thursday to approve…
Elon Musk's X Settles Ad Boycott Lawsuit With Advertisers - Internewscast Journal

Elon Musk’s X Settles Ad Boycott Lawsuit With Advertisers

Elon Musk’s X has settled its dispute with the World Federation of…