Major update after Trump

Donald Trump signed a controversial executive order in January asserting that only two genders—male and female—would be recognized under U.S. law. The order impacted several areas, including prison housing and passport documentation, reversing Biden-era policies that allowed non-binary individuals to select an “X” gender marker on their passports. Secretary of State Marco Rubio supported the change, stating that U.S. policy now treats sex as unchangeable. As a result, applications for non-binary passports were frozen.

However, a federal judge has now blocked the ban. U.S. District Judge Julia Kobick ruled that the order discriminates based on sex and fails to meet the legal standard of being “substantially related to an important governmental interest.” She added that the plaintiffs are likely to prove the order stems from prejudice against transgender Americans and violates their constitutional right to equal protection. The ACLU filed the lawsuit on behalf of several transgender and non-binary people, arguing that the policy invites discrimination by denying accurate identification. Despite the ruling, Trump’s team argued the order didn’t prevent anyone from traveling, only that passports must reflect biological sex, not gender identity.