The U.S. government recently announced that it will stop offering the “X” gender marker on passports, effectively undoing an option that was common for nonbinary, intersex, and some trans people and forcing them to pick between the male (M) or female (F) categories.
This change follows an executive order signed by President Trump on his first day back in office, declaring that the U.S. will only recognize male and female as legal sex markers. His administration is also rolling out other anti-trans policies, including banning trans people from serving openly in the military, restricting transition-related healthcare for minors, and barring trans women from competing in women’s sports.
What’s Changing?
- If you already have a passport or Consular Report of Birth Abroad (CRBA) with an “X” marker, it remains valid until it expires or is replaced.
- If you received a passport with an “X” marker in the past year, you can request a free replacement with an “F” or “M” marker.
- Going forward, applications requesting an “X” marker will be changed to male or female based on birth certificates, government IDs, or prior passport records.
- If someone’s documents don’t clearly show their sex assigned at birth, the application will be suspended, and the State Department will ask for more information.
Trump has claimed his position on trans rights are rooted in “biological reality,” but it is at odds with medical consensus and the fact that intersex people exist. Many people simply don’t fit the government’s strict “male or female” rule, and now their ability to travel could be at risk.
Why This Matters
Some people argue that this policy change is a minor thing to be offended over. But let’s be clear: This is about more than paperwork and bureaucracy. It’s a direct attack on trans and nonbinary people’s right to exist on paper as who they are. The Trump Administration is essentially forcing people back into a binary that doesn’t reflect their identity.
But if it’s not a big deal, that raises an important question: why would the Trump Administration bother removing it? If it truly didn’t matter, they could have left it as it was, instead of taking away a small but meaningful piece of progress. No passport means no international travel, potential complications with IDs, and unnecessary headaches for something that should be basic: having identification that reflects who you actually are.
What Happens Next?
It’s unclear how this decision will be challenged or changed in the future. The ACLU has already filed a lawsuit against the State Department, arguing that the policy is discriminatory and violates constitutional rights to privacy, free speech, and travel.
In the meantime, if you have a passport with the “X” gender marker, it will stay valid until it renews or expires. Going forward, nonbinary people who request a new passport will be required to choose either “M” or “F,” based on their birth sex, even if it does not reflect their gender identity.
Everyone deserves dignity, privacy, and the right to be themselves. Trans and intersex people deserve to move through the world without unnecessary barriers. The “X” gender marker harmed no one, and removing it sends a clear message: that the government is willing to remove minor, harmless accommodations out of spite. And that should concern everyone.
The post State Department Removed “X” Gender Marker for Passports first appeared on McEntee Law Group.