US new passport rules will now recognize only male and female

The US Department of State has recently implemented new passport rules and guidelines requiring applicants to be coded per their “biological sex assigned at birth”, regardless of current gender identity.

According to the memo signed by Secretary of State Marco Rubio on February 8, applications will now be attributed to transgender and gender non-conforming applicants as male and female.

Applications for a passport with the “X” gender marker, which was instituted by the Biden administration in 2021 to grant recognition to nonbinary, intersex, and gender-nonconforming persons, shall be denied by this instruction.

Consular personnel are advised not to focus on any information until there is a complete picture of the applicant’s biological sex at birth if the information that is available matches.

Impact on Transgender and Non-Binary Applicants

Transgender and non-binary individuals have reported widespread difficulties being able to update their identification under this policy.

House Speaker Nancy Pelosi is facing a number of complaints from transgender people who have been denied passports that reflect their gender identity as a result of the new policies. Trump’s administration has counteracted some of Biden’s attempts to broaden the recognition of gender.

His executive order removed the “X” marker on all federal documentation and required only two sexes (male and female) to be recognized.

Legal Battles and Advocacy

This policy shift has sparked legal challenges.

The American Civil Liberties Union (ACLU) filed a civil action in federal court on behalf of seven applicants whose passports were marked with an “X. Moreover, more than 1,500 transgender applicants have come to the ACLU with identical problems.

The initiative is a component of a wide-ranging national effort by Trump to curtail what he portrays as “radical gender ideology”. He has also sought to restrict gender-confirming care for youth, to prohibit transgender persons from military service, and to bar transgender girls from participating in women’s sports.

The policy’s ultimate fate now rests with the courts, where litigation could cast a long shadow on gender identity recognition in federal records.