The U.S. State Department has halted all passport applications that seek to modify a sex marker or request an “X” designation, following a directive from Secretary of State Marco Rubio. This decision, detailed in a memo reviewed by NBC News, is in accordance with an executive order signed by President Donald Trump shortly after his inauguration, which emphasizes the federal government’s acknowledgment of only two biological sexes—male and female.
New Policy: Elimination of ‘X’ Markers on Passports
The executive order mandates that U.S. government identification documents must represent an individual’s “immutable biological classification” and utilize the term “sex” instead of “gender.” This policy reverses the previous administration’s approach, which permitted transgender individuals to amend their passport sex markers without the need for medical documentation and allowed the inclusion of “X” markers for nonbinary and intersex individuals.
Rubio’s memo specifically instructs State Department personnel to:
✔ Suspend all applications that request an “X” marker or a change in sex marker
✔ Cease processing of these applications until further instructions are provided
✔ Avoid taking any additional actions on pending requests
Furthermore, this policy applies to birth records for children born abroad, indicating that U.S. citizens who previously had an “X” marker on their official documents will no longer have that option.
While the State Department has acknowledged the suspension, it has not yet provided clarity on whether existing passports with an “X” marker remain valid for travel. Officials have indicated that further updates will be made available on the department’s website in the near future.
Concerns Regarding Confusion and Anxiety Among Affected Individuals
This abrupt change has left many transgender and nonbinary individuals in a state of uncertainty, particularly those with passport renewal applications currently in process. Social media has seen an influx of concerns from individuals unsure about their travel rights or the status of their updated documents.
A mother named Amy, who has a transgender son, characterized the situation as “devastating.” She had recently submitted a request to amend her son’s passport sex marker, only to discover the policy change after the application had already been sent to the processing center.
“We submitted these forms to ensure that every member of our family would possess a valid passport, as that suddenly appeared to be essential,” Amy stated in an interview with NBC News. “We were uncertain if we might need to leave the country for medical treatment. The fact that our son’s valid passport is now being held, with no indication of when it might be returned, is frightening.”
Her concerns underscore the increasing anxiety within the LGBTQ+ community, especially as state legislation limiting gender-affirming healthcare for minors continues to change.
State Department Eliminates Gender Identity Resources
The executive order also resulted in the removal of a significant webpage from the State Department’s site. Previously named “Selecting Your Gender Marker,” this page outlined the procedure for updating passport markers and informed nonbinary travelers that some nations might not acknowledge the ‘X’ designation. The page now redirects to a general passport information section that does not address gender marker options.
Reversing Biden Administration Policies on Gender Recognition
The new policy reverses two significant changes implemented by the Biden administration:
1️⃣ The ability for transgender individuals to modify their passport sex marker without the need for medical documentation.
2️⃣ The option for nonbinary, intersex, and gender-nonconforming individuals to choose an “X” marker.
The Biden administration had positioned these changes as part of a larger initiative for inclusivity, asserting on the now-removed webpage:
“We promote the freedom, dignity, and equality of all people — including LGBTQI+ individuals.”
In contrast, Trump’s executive order explicitly rejects this viewpoint, stating that the U.S. government will only recognize two sexes, male and female, which are deemed ‘not changeable.’
What Lies Ahead?
As individuals affected by recent changes seek clarity, the State Department has not yet addressed several critical questions, such as:
❓ Will previously issued passports featuring an “X” designation continue to be valid?
❓ What will occur with applications currently pending for gender marker modifications?
❓ Will individuals impacted by this change be required to submit new applications under the revised policy?
Although officials have committed to providing updates, the prevailing uncertainty is generating significant anxiety, especially among those who may need to travel for medical treatment, safety concerns, or legal matters.
As the political environment evolves, it remains uncertain whether this policy will encounter legal opposition or if subsequent administrations will attempt to overturn it once more. For the time being, however, passport applicants must comply with the new regulations, as gender marker changes and nonbinary designations are no longer permissible under federal law.
What is your perspective on this policy change? Do you believe it will withstand legal scrutiny, or is it likely to encounter challenges in the judicial system?
