A federal judge in Massachusetts has blocked the State Department from enforcing an executive order that required Americans to select their gender assigned at birth on new passports.
U.S. District Judge Julia Kobick ruled Tuesday that any individual who needs to renew their passport because it expires within one year, apply for a new passport or change their name or sex designation may choose the gender that they identify with. Applicants can also still select “X” on a passport application form. Kobick’s ruling expanded an earlier decision in April that only applied to six of the original plaintiffs.
The executive order, issued by Mr. Trump on Inauguration Day, directed the State Department to no longer issue U.S. passports with anything other than a male or female designation. It reversed a previous policy under the Biden administration that allowed for Americans to self-select their gender on their passport application, and included an “X” for those who do not identify as either male or female.
If passports with the “X” marker expired and were renewed under the new policy, those people who had previously selected it would be forced to choose male or female.
In February, a group of transgender and nonbinary plaintiffs backed by the American Civil Liberties Union sued the Trump administration over the policy, claiming that the executive order was discriminatory against them.
In April, Kobick ruled that the Trump administration failed to provide a rationale for the new passport policy “related to an important governmental interest” and found that the policy discriminated against transgender Americans.
“Viewed as a whole, the language of the Executive Order is candid in its rejection of the identity of an entire group—transgender Americans—who have always existed and have long been recognized in, among other fields, law and the medical profession,” Kobick wrote in her April decision. The judge reaffirmed Tuesday that the plaintiffs are likely to succeed on the merits of their case.
“This decision acknowledges the immediate and profound negative impact that the Trump administration’s passport policy has on the ability of people across the country to travel for work, school, and family,” said Jessie Rossman, legal director at the ACLU of Massachusetts. “The Trump administration’s passport policy attacks the foundations of the right to privacy and the freedom for all people to live their lives safely and with dignity. We will continue to fight to stop this unlawful policy once and for all.”
The Justice Department appealed Kobick’s April ruling last week.
A State Department spokesperson told CBS News, “As a general matter, we do not comment on pending or ongoing litigation.”
CBS News has reached out to the White House for comment.
contributed to this report.
