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U.S. Restricts Non-Binary Passport Options Following Executive Order on Gender Definitions
In a significant policy shift, the United States government has ceased issuing passports with the “X” gender marker, following an executive order from President Donald Trump that mandates federal recognition of only two genders: male and female. This move has substantial implications for non-binary, intersex, and gender-nonconforming individuals who previously utilized the “X” marker to reflect their gender identity.

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Background on the “X” Gender Marker
In April 2022, under the Biden administration, the State Department introduced the “X” gender marker for U.S. passports, allowing individuals to select a non-binary option without requiring medical documentation. This policy was celebrated as a progressive step toward inclusivity, acknowledging the diverse gender identities of American citizens.

The Executive Order’s Provisions
On January 20, 2025, President Trump signed the executive order titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” The order defines sex strictly based on biological characteristics determined at birth and mandates that all federal agencies and documents adhere to this binary classification. Consequently, the State Department has been directed to discontinue the issuance of passports with the “X” gender marker and to revert to listing only “M” (male) or “F” (female) designations.

Impact on Affected Individuals
The cessation of the “X” gender marker on passports poses several challenges for non-binary and gender-nonconforming individuals:

  • Identity Validation: The availability of the “X” marker provided federal acknowledgment of non-binary identities. Its removal is perceived by many as a denial of their existence and a regression in the recognition of gender diversity.
  • International Travel Complications: Individuals with existing “X” marker passports may face difficulties when traveling to countries that do not recognize non-binary gender markers. The policy change introduces uncertainty regarding the validity of such passports and the potential need for reissuance with binary gender markers.
  • Administrative Challenges: Those in the process of applying for or renewing passports with the “X” marker are now confronted with halted applications and unclear guidance on how to proceed under the new policy.

Legal and Advocacy Responses
Civil rights organizations and LGBTQ+ advocacy groups have expressed strong opposition to the executive order and its implications:

  • Legal Challenges: The American Civil Liberties Union (ACLU) has indicated that the order may face legal challenges on the grounds of discrimination and violation of constitutional rights.
  • Advocacy Efforts: Groups such as the Human Rights Campaign are mobilizing to support affected individuals and to campaign for the reinstatement of inclusive policies that recognize a spectrum of gender identities.

Future Considerations
The policy shift raises broader questions about the federal government’s role in defining and recognizing gender. As legal battles and advocacy efforts unfold, the situation remains dynamic, with potential implications for other forms of identification and federal records.

Individuals affected by this change are advised to consult with legal experts and advocacy organizations to understand their rights and to receive guidance on navigating the updated passport policies.

The debate over gender recognition in federal documentation continues to be a contentious issue, reflecting deeper societal discussions about identity, inclusivity, and the intersection of personal rights with governmental policies.

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