Navigating Passport Challenges: Transgender, Nonbinary, and Intersex Travelers Face Policy Shifts in 2025
Recent policy changes, lawsuits, and advocacy shape the uncertain landscape for transgender, nonbinary, and intersex travelers seeking accurate passports in 2025.
Transgender, Nonbinary, & Intersex Travelers Face New Struggles for Accurate Passports in 2025
In 2025, shifting federal policy and ongoing legal battles have left transgender, nonbinary, and intersex travelers in the United States facing significant uncertainty in obtaining passports that accurately reflect their gender identity. Recent executive orders and a landmark class-action lawsuit have changed the application process, forcing travelers and advocates to navigate a rapidly changing landscape that impacts both international mobility and safety.
How Federal Policy Shifted—And What That Means for Travelers
2025 has been marked by reversals in passport policy for gender markers:
- Executive Order 14168, issued in January, reinstated restrictions requiring most passports to list only male (M) or female (F) sex markers based strictly on sex assigned at birth.
- The Department of State, under Secretary Marco Rubio, suspended changes to sex designation and eliminated “X” markers for those who did not qualify for court-ordered relief.
- Nonbinary, intersex, and transgender Americans faced travel interruptions and bureaucratic challenges, worrying about being outed or denied entry due to inaccurate identification.
The Landmark Lawsuit: Orr v. Trump and Temporary Relief
In response to restrictive federal policy, the ACLU filed Orr v. Trump (February 2025), challenging the requirement for sex-assigned-at-birth markers and denial of “X” designations. The lawsuit was certified as a class-action, representing all affected transgender, nonbinary, and intersex Americans.
- On June 17, the U.S. District Court for Massachusetts issued a preliminary injunction giving eligible applicants temporary relief:
- Those whose gender identity differs from their sex assigned at birth can self-select the gender marker (M, F, or X) on new passport applications.
- If you are a member of the certified class—meaning you have gender dysphoria or your gender identity differs from your sex assigned at birth—you can apply by submitting an attestation form.
- Current relief is temporary and dependent on the ongoing lawsuit; the State Department is seeking dissolution of this injunction.
| Gender Marker | Standard Policy (as of Jan 2025) | Court Injunction (as of Jun 2025) |
|---|---|---|
| M or F | Required to match sex assigned at birth (except for limited corrections) | Eligible class members can self-select |
| X | Option removed for new applications, not renewed unless a court-ordered exception | Eligible class members can self-select |
Who Is Eligible for Updated Passports? Key Criteria in 2025
- You must be a member of a certified class in Orr v. Trump, meaning your gender identity differs from your sex assigned at birth or you’ve been diagnosed with gender dysphoria.
- Applicants must include a completed attestation form declaring class membership with the passport application.
- No medical or additional documentation is required apart from the attestation.
- Renewals of existing passports and requests for updated gender markers follow the same steps.
- If you already have a valid, accurate passport that does not expire soon, you do not need to apply.
Application Process for Eligible Travelers
- Prepare your passport application (Form DS-11, DS-82, or DS-5504—cannot use online tools due to technical limitations in 2025).
- Include the completed attestation form.
- Mail in renewals or changes to existing passports; new passports or replacements require an in-person visit.
- If your application does not include the attestation, you may receive a letter requesting it—submit within 90 days.
Traveling with Valid but Unmatched Documents
Many travelers hold passports or IDs that do not match their gender identity or presentation. This can create complications:
- Valid passports remain usable: Even passports with X markers or corrected gender markers are valid until expiration.
- Carry certified copies of supporting documents: For travel, especially where name changes or gender marker updates have occurred, bring proof to avoid scrutiny.
- Domestic travel: Use state-issued REAL ID-compliant licenses when possible, as these may more closely match your gender marker and are safer for domestic flights.
International Complications and Destination Risks
- Many countries only recognize male and female gender markers in passports—some cannot process the “X” marker at entry.
- Travelers with X or mismatched markers may face delays, be denied entry, or experience harassment.
- LGBTQ+ travelers should research destination requirements and call ahead to embassies to inquire about entry rules for non-M/F markers.
Advocacy Response and Ongoing Legal Challenges
Advocacy organizations have mobilized quickly:
- The ACLU continues to represent class members and update its guidance — urging eligible travelers to update documents while temporary relief is in effect.
- LGBTQ+ civil rights groups stress urgency: Since court relief may be revoked, those eligible should apply now to avoid losing the chance for accurate documents.
- Groups like Advocates for Transgender Equality and Lambda Legal publish travel safety tips, emphasizing preparation, certified copies, and awareness of evolving risks.
Practical Recommendations for Travelers
- Travelers with existing, accurate passports: Use them until expiration, but monitor policy changes for renewal options.
- Travelers with mismatched or soon-to-expire passports: Apply immediately if eligible, following post-injunction rules.
- For those not eligible under the court order: There’s no option to update sex or gender marker at this time, and removal of “X” marker is enforced for new applications.
Minimizing Travel Risks
- Consider using a state-issued ID over your passport for domestic travel if the passport’s gender marker may expose you to additional scrutiny or safety risks.
- Bring certified documents showing any name or gender transition—especially crucial for international border crossings.
- Research the destination’s entry requirements for gender markers and call embassy or consulate for up-to-date information.
Community Impact: Emotional & Practical Toll
For many transgender, nonbinary, and intersex travelers, policy reversals cause profound anxiety:
- Concerns about being outed, refused service or entry, or facing discrimination at airports or borders.
- Uncertainty about future travel plans or renewing documents amid policy instability.
- Feelings of exclusion and instability caused by the politicization of gender markers in official documentation.
Despite these challenges, advocacy and legal battles give hope for eventual resolution and lasting change.
Frequently Asked Questions (FAQs)
Can I update my passport gender marker in 2025?
Only if you qualify as a class member under the Orr v. Trump injunction, meaning your gender identity differs from your sex assigned at birth or you have gender dysphoria. You must include an attestation form with your application.
Is the “X” gender marker available?
Temporarily, yes—for eligible people under the court order. For others, “X” is not an option on new or renewed passports.
What if my passport has a mismatched gender marker?
Your passport remains valid through expiration, but it may increase travel risks, especially at international borders. Carry supporting documentation, and use state IDs for domestic travel when possible.
Is the policy expected to change again soon?
The State Department is actively seeking to end the preliminary injunction. Advocates urge affected travelers to update documents now before rules potentially revert.
Do all countries recognize “X” gender markers?
No. Most foreign entry systems only process male and female markers, so travelers with “X” markers or mismatched documents should expect possible complications or call ahead to confirm entry requirements.
Key Resources & Advocacy Contacts
- ACLU Passport and Gender Marker Intake Form (for questions and complaints)
- Advocates for Transgender Equality
- Lambda Legal: Identity Document Guidance
- Garden State Equality—latest New Jersey-specific updates
Best Practices Checklist for Trans, Nonbinary, and Intersex Travelers
- Monitor legal updates from ACLU and major advocacy groups before any travel.
- Apply for accurate documents immediately if eligible under the current injunction.
- Carry certified documentation about your legal name or gender transition.
- Research your destination’s policy for gender markers and call embassies.
- Use state-issued REAL ID licenses for domestic flights; they may have more accurate gender information.
- Consult legal professionals as needed when updating documents.
Conclusion: Ongoing Uncertainty, Persistent Advocacy
2025 has brought unprecedented challenges and changes for transgender, nonbinary, and intersex travelers seeking accurate passports. Court orders offer temporary but crucial relief, while advocacy remains essential in protecting rights and access to global travel. As policies remain subject to ongoing legal battles and political decisions, travelers must stay informed, act swiftly when opportunities arise, and rely on community resources to navigate safely and confidently.
