The “X-Files”: Non-binary U.S. Passports — Quo Vadis?
Nonbinary US Passports
The reinstatement of binary gender policies under Trump’s second administration marks a significant rollback of recent advancements in gender inclusivity for federal identification documents. Here, some history and current issues.
Gender Marker Policies Under the Trump Administration (2017–2021)
During President Donald Trump’s first term, the U.S. State Department enforced strict regulations regarding gender marker changes on passports. Key policies included: Nonbinary US Passports
Medical Certification Requirement
- Applicants seeking a gender marker change were required to submit a letter from a doctor confirming they had undergone “appropriate clinical treatment” for gender transition.
- The definition of “appropriate treatment” was not standardized, leaving it to medical professionals’ discretion.
No X Gender Marker Option
- Passports were limited to “Male (M)” and “Female (F)” markers.
- Requests for a nonbinary or “X” gender marker were denied.
Stricter Enforcement of Matching Documents
- Reports suggested that passport applications were delayed or denied if the gender marker did not align with other identification documents.
Trump’s Second Term: Reinstating Restrictions Nonbinary US Passports
Following his reelection, President Trump reinstated these restrictions, rolling back the 2022 gender marker policy introduced under President Joe Biden.
On January 20, 2025, President Trump issued an executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This directive mandates that all federal agencies recognize only two sexes — male and female — defined strictly by biological characteristics determined at conception. Consequently, federal policies and documentation must:
- Replace all references to “gender” with “sex.”
- Eliminate nonbinary or “X” gender markers from identification documents, including passports.
- Implement regulatory updates within 120 days, with agencies required to report progress to the President.
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How This Affects Passport Applications
Elimination of the “X” Gender Marker Nonbinary US Passports
- The “X” gender marker is no longer available on U.S. passports.
- Those with existing “X” markers may need to update their documents to reflect either “M” or “F,” though transition policies remain unclear.
Application System Disruptions
- The U.S. passport application website (pptform.state.gov) has been offline for two days, likely due to system updates enforcing the new policy.
- Processing delays are expected, especially for nonbinary applicants with pending applications.
Verification of Sex on Applications
- The order suggests passport sex must align with biological characteristics at birth, but it remains unclear whether additional medical documentation will be required for gender marker changes.
Possible Transition Period for Current Holders
- A grace period for individuals with “X” markers may be provided before enforcement begins, but official guidance has not been released.
- If retroactively applied, individuals with “X” markers may be required to update their passports sooner than anticipated.
Legal Challenges & Appeals Nonbinary US Passports
- LGBTQ+ advocacy groups are expected to challenge the legality of revoking an already-granted gender marker.
- Lawsuits could result in temporary injunctions, allowing “X” markers to remain valid until legal disputes are resolved.
Passport Processing Overview Nonbinary US Passports
Verification Process
Checking the Passport Application (Form DS-11 or DS-82)
- Applicants select “M” or “F” on the form.
Reviewing Proof of Citizenship
- Acceptable documents include a birth certificate, naturalization certificate, or previous U.S. passport.
- These documents do not need to match the gender marker.
Examining Identification Documents
- A driver’s license, state ID, or military ID is required.
- The gender on these IDs does not need to match the requested passport gender marker.
Historical Context: Gender Marker Requirements Before 2022
Before April 11, 2022 Nonbinary US Passports
- Applicants requesting a gender marker different from their previous passport had to provide a medical certification confirming “appropriate clinical treatment for gender transition.”
- The State Department did not specify required medical treatments, leaving it to the physician’s discretion.
- The “X” gender marker was unavailable, limiting options to “M” and “F.”
- If supporting documents (e.g., birth certificate, driver’s license) did not match the requested gender marker, medical certification was required.
- In some cases, a court order or amended birth certificate/state ID reflecting the correct gender was necessary.
Key Change on June 30, 2021
- Medical documentation was no longer required to change a gender marker.
- Applicants could self-select “M” or “F” without proof, though the “X” marker was still unavailable until April 11, 2022.
Conclusion Nonbinary US Passports
The reinstatement of binary gender policies under Trump’s second administration marks a significant rollback of recent advancements in gender inclusivity for federal identification documents. While legal challenges are expected, the immediate impact includes processing delays, uncertainty for current passport holders with “X” markers, and potential disruptions for applicants in transition. The coming months will likely see legal battles and regulatory shifts as agencies implement the new mandate.
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