A federal judge in Boston has ordered the Trump administration to provide passports that match the gender identity of six transgender plaintiffs, rather than the sex listed on their birth certificates. The ruling, issued by Judge Julia E. Kobick, marks a temporary victory for the plaintiffs, who argued that the administration’s new passport policy amounts to unconstitutional sex discrimination.
Key Points of the Ruling:
- Temporary Relief for Plaintiffs: The order applies only to the six individuals involved in the lawsuit, allowing them to obtain passports matching their gender identity while the case proceeds.
- Sex Discrimination Claim Upheld: Judge Kobick found that the policy unfairly disadvantages transgender people based on their sex assigned at birth, violating the Fifth Amendment and the Administrative Procedures Act.
- No Broader Impact (Yet): The ruling does not block the policy for other transgender Americans seeking passports.
Background on the Passport Policy Change:
Earlier this year, the State Department adopted a new rule requiring passports to reflect the sex listed on an applicant’s original birth certificate. This shift came after an executive order from President Trump directing federal agencies to limit official recognition of transgender identity.
The plaintiffs, represented by the American Civil Liberties Union (ACLU), argued that being forced to carry passports that don’t align with their gender identity puts them at risk of harassment and discrimination when traveling. Some had previously received passports with the correct gender marker before the policy changed.
Government’s Defense Rejected:
Trump administration lawyers claimed the policy ensures consistency in government records and that the plaintiffs could still travel with their existing passports. However, Judge Kobick dismissed these arguments, stating that the government failed to prove the policy was necessary or fair.
A Reversal of Progress?
For decades, transgender Americans could update their passports with medical documentation. Under the Biden administration, the State Department even introduced an “X” gender marker for nonbinary individuals. But the Trump administration’s policy reversal has sparked legal battles over transgender rights.
What’s Next?
The case will continue, but for now, the six plaintiffs can obtain passports that reflect who they are. Advocates hope this ruling could lead to broader protections for transgender travelers in the U.S. and beyond.