A federal judge on Tuesday extended an order that prevents the Trump administration from enforcing a policy regarding passport gender changes for transgender, non-binary, and intersex individuals.
This decision follows an earlier ruling from April, which mandated that the State Department could only issue gender-matched passports to six specific plaintiffs involved in federal lawsuits while the case is ongoing. The lawsuit, filed in the U.S. District Court for Massachusetts in February, claims the administration’s policies are driven by “unacceptable animus.”
The American Civil Liberties Union (ACLU), along with legal partners in Massachusetts and Covington & Burling LLP, requested in April to broaden the class of impacted individuals and expand the protective injunctions for those affected by the passport policy.
Judge Julia E. Covic, appointed by former President Biden, approved this request on Tuesday. She noted that both the original six plaintiffs and the newly included individuals “suffer from the same injuries” in that they cannot acquire a passport that accurately reflects their gender identity.
In her initial injunction ruling in April, Covic stated that the federal government did not sufficiently prove that its actions were correlated with significant governmental interests.
Earlier this year, the State Department halted processing applications for Americans wanting to renew passports with new gender designations, right after President Trump signed an executive order asserting that the U.S. recognizes only two genders—male and female—and that these are deemed “unchangeable.”
Trump’s orders, issued during his initial hours in office, directed government agencies to issue identification documents that reflect an individual’s birth gender rather than their gender identity. Previously, the State Department had permitted passport holders to select their gender, including an “unspecified” option labeled X.
Covic emphasized that passports serve not just for international travel, but also for everyday activities like completing job applications, opening bank accounts, and renting vehicles.
She remarked that without preliminary injunctive relief, the plaintiffs might feel compelled to “effectively oust themselves” as transgender or non-binary each time they show their passport, which could expose them to heightened risks of discrimination, harassment, and psychological distress.
A 2022 survey revealed that 22% of transgender individuals encountered harassment or even violence when their identification did not match their gender presentation.
In a statement, Jesse Rothman, attorney general for the ACLU in Massachusetts, commented that the ruling reflects the immediate and detrimental effects of policies from the Trump administration.
Li Nowlin-Sohl, a senior staff attorney for ACLU’s LGBTQ & HIV Projects, described the ruling as a significant victory against efforts to marginalize transgender individuals, claiming that the State Department’s policy represents an unjust barrier that denies basic dignity.
