The U.S. Department of State has introduced new guidelines regarding passports with “X” gender markers and applications seeking to change the sex marker on passports, according to a memo obtained by NBC News. This update comes after the department temporarily halted all passport applications and Certificate of Report of Birth Abroad (CRBA) requests that asked for an “X” gender marker or a change to the existing sex marker. The pause was enacted following a memo from Secretary of State Marco Rubio last month. The sudden policy shift caused significant confusion, particularly among transgender individuals, who were left wondering if passports with an “X” marker would still be recognized for international travel or potentially confiscated.
The new guidance clarifies that passports and CRBAs already issued with an “X” gender marker remain valid until they expire or are replaced. For travelers who received passports with “X” markers within the past year, the State Department is offering the option to replace these passports free of charge with ones that have a binary “F” (female) or “M” (male) marker. To make this change, applicants must submit a correction form. The updated policy applies to all passport applications currently in process and any new applications received as of last Friday. This move aims to address the uncertainty faced by individuals who have been affected by the earlier suspension of “X” marker applications.
Under the revised guidelines, any in-progress or future applications requesting an “X” gender marker will automatically be changed to “M” or “F.” The decision will be based on a review of all available documentation that establishes the applicant’s sex assigned at birth. This documentation may include a birth certificate, a government-issued ID, or a prior passport record. However, if the submitted evidence does not sufficiently confirm the applicant’s assigned sex at birth—such as cases where the documentation does not list a birth sex, provides conflicting information, only includes an “X” marker, or references an intersex designation—the application will be suspended. In such instances, the State Department will send a form to the applicant requesting additional information to determine their assigned sex. If the applicant is unable to provide the required evidence even after this request, their application will remain suspended. The memo also instructs State Department employees to carefully review any conflicting information and consider the issuance dates of vital records and any amendments made to them when evaluating applications.
For passport and CRBA applications requesting a change of the sex marker to “M” or “F,” the State Department will follow a similar process. In these cases, officials will rely on prior passport records or documents issued closest to the applicant’s birth to determine their assigned sex. Applicants will receive a notice informing them of any changes made to the biographical data on their new passport. This approach ensures that the department adheres to its revised policies while attempting to streamline the process for those seeking updates to their documents.
These changes have sparked legal challenges, as the American Civil Liberties Union (ACLU) filed a lawsuit against the State Department on behalf of seven transgender and intersex individuals. The lawsuit alleges that the new policy discriminates against the plaintiffs based on their sex and violates their constitutional rights to privacy, free speech, and travel. The ACLU contends that the policy unfairly targets transgender and intersex individuals, imposing unnecessary barriers to obtaining accurate and recognized identification documents. The State Department has not yet responded to requests for additional comment on the matter.
The updated passport policies are part of a broader effort by the U.S. government under President Donald Trump’s administration to restrict the recognition of gender identities beyond the binary of male and female. On his first day in office, Trump signed an executive order declaring that the federal government would only recognize two sexes—male and female—and asserted that these categories are “not changeable and are grounded in fundamental and incontrovertible reality.” This order has been followed by a series of policies targeting transgender rights, including bans on transgender individuals serving openly in the military, restrictions on access to transition-related care for minors, and attempts to bar transgender women from competing on women’s sports teams. The passport policy is thus part of a larger political agenda that has drawn criticism from human rights organizations and advocates for LGBTQ+ rights, who argue that such measures infringe upon the rights and dignity of transgender and intersex individuals.
