Court Ruling Upholds Injunction on Passport Policy
A federal appeals court in Boston made a significant decision on September 4, declining to allow President Donald Trump's administration to enforce a policy that refuses to issue passports to transgender and nonbinary Americans reflecting their gender identities. The court upheld a lower court's preliminary injunction, ensuring that the State Department must continue to provide gender-accurate passports for now.
This ruling stems from a challenge to an executive order and subsequent State Department policy that barred individuals from updating the sex designation on their passports or using an 'X' marker for nonbinary identification. The appeals court found that the government did not meet the necessary burden to secure a stay of the injunction, reinforcing protections for transgender and nonbinary passport holders.
Background of the Legal Challenge
The legal battle, known as Orr v. Trump, began following President Trump's executive order earlier in 2025, which restricted gender marker updates on passports. The American Civil Liberties Union (ACLU) spearheaded the challenge, representing transgender and nonbinary individuals affected by the policy. A federal judge initially issued a preliminary injunction in April, blocking the policy for six plaintiffs, which was later expanded in June to cover two certified classes of passport holders.
The ACLU argued that the policy reflected unconstitutional animus toward transgender Americans, a stance that found support in the courts. 'This decision is a critical step toward ensuring that transgender and nonbinary people can live authentically and travel safely with documents that reflect who they are,' stated an ACLU representative in a press release following the initial injunction.
The Trump administration's attempt to reinstate the restrictive policy was met with resistance, as the appeals court concurred with prior rulings that highlighted potential equal protection violations. This ongoing legal fight underscores broader tensions over gender identity recognition in federal documentation.
Implications for Transgender and Nonbinary Americans
The upheld injunction offers temporary relief to many transgender and nonbinary individuals who rely on accurate passport documentation for travel and identification. Without this ruling, individuals would be forced to carry passports that do not align with their gender identities, potentially leading to discrimination or safety concerns during international travel.
While this decision marks a victory for advocates of gender identity rights, it is not a final resolution. The case may continue to evolve through further legal proceedings, and the ultimate fate of the policy remains uncertain as the administration could pursue additional appeals or policy adjustments. For now, the court's stance ensures that affected individuals can access passports that affirm their identities.