The ruling rebukes the order from the White House that passports must conform to the sex that individuals were assigned at birth
BY NIC CROSARA, IMAGE BY DREAMSTIME
Back in January, President Donald Trump signed a directive to remove the use of “X” gender markers on passports and to prevent transgender, non-binary and intersex people from obtaining documents displaying their correct gender identity.
The order directed the State Department to change its passport policies so that they could only be issued if they “accurately reflect the holder’s sex”. It was opposed by the American Civil Liberties Union (ACLU), acting on behalf of six plaintiffs. The order was temporarily blocked in April.
Earlier this year, US district judge Julia Kobick granted class action status for transgender, non-binary and intersex passport holders, which prevented any form of sex discrimination against them.
And now, on Tuesday (17 June), the judge built on the ruling and decided that the State Department was discriminating against six trans+ plaintiffs on the basis of sex by attempting to follow Trump’s executive order.
The judge’s new order means that all transgender, non-binary and intersex citizens will be able to update their gender markers on their passports as the case against Trump’s order continues. The ruling notably only applies to those who are currently without a valid passport, those whose passport’s will expire within a year, and those who need to apply for a passport because theirs was lost, stolen or they need to change their name or sex.
“While this is good news, we will continue fighting until this executive order is blocked permanently,” said the ACLU in a statement.
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