The American Civil Liberties Union (ACLU) has filed a lawsuit against the Trump administration, challenging an executive order it claims unlawfully restricts the ability of transgender, intersex, and nonbinary individuals to secure passports that reflect their gender identity. This legal action was initiated in the US District Court for Massachusetts on behalf of seven individuals affected by these policy changes. The plaintiffs argue that their passport applications have been either denied or improperly modified, leading to forced misrepresentation of their gender on official documents.
The contested executive order, issued on January 20, 2025, requires all federal identification documents, including passports, to indicate a person’s sex as determined at conception, rather than their gender identity. It directs the Department of State to cease the processing of applications that request a change in gender marker or utilize an “X” classification for nonbinary identities, effectively reversing policies implemented in 2010 and expanded in 2021 to allow for such changes and options. For more details, refer to the executive order and prior policy.
The lawsuit alleges several constitutional violations, including breaches of the Equal Protection Clause of the 14th Amendment, the Due Process clause of the Fifth Amendment, and First Amendment rights. It further argues that the policy violates the Administrative Procedure Act as the State Department implemented the order without providing necessary public notice or comment periods. One of the plaintiffs, Zaya Perysian, a transgender woman from California, received a passport with a male designation, despite having legal documentation reflecting her gender as female. Another plaintiff, Ashton Orr, a transgender man from West Virginia, has faced significant delays in his passport renewal process, impacting his ability to travel for necessary medical treatment abroad. The full complaint can be viewed here.
This legal challenge is part of a wider array of actions undertaken by the ACLU against recent executive orders affecting transgender rights. Concurrently, the ACLU has engaged in a separate lawsuit challenging an executive order that withdraws federal funding from entities that provide gender-affirming care for minors. More information on this broader legal contest can be accessed through the federal lawsuit documentation.
To explore further details about these initiatives, visit the original report by JURIST.