BOSTON – A federal judge has issued a nationwide injunction preventing the Trump administration from enforcing a policy that barred transgender, nonbinary, and intersex individuals from obtaining passports matching their gender identity.
What just changed?
Judge Julia Kobick of the U.S. District Court in Boston ruled the policy—mandated by Trump’s January executive order—is likely unconstitutional, as it discriminates and conflicts with Fifth Amendment rights. Her order restores the option for passport applicants to choose “M,” “F,” or “X” markers, expanding a prior injunction that covered only six individuals to cover all affected applicants.
How many people does this impact?
The class-action injunction benefits anyone without a valid passport, or those renewing, replacing, or updating name/gender markers in the next 12 months. Estimated at 1.3 million transgender and nonbinary adults in the U.S., along with up to 5 million intersex individuals, this ruling is a significant civil rights win.
Why it matters now:
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The policy reversed the more inclusive Biden-era approach that allowed self-identified gender markers and “X” options.
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Judge Kobick noted the administration raised no strong arguments showing constitutional justification, calling it rooted in discriminatory bias.
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The ACLU hailed the ruling as a major civil rights victory, while the White House criticized it as judicial overreach.
What happens next?
The State Department must revert to the earlier policy immediately, reissuing passports with accurate gender markers. Meanwhile, legal battles continue as Trump’s administration considers appealing.
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