For many people, a passport is simply a travel document — a booklet tucked away in a drawer until a vacation or work trip arises. But for transgender, nonbinary and intersex individuals, a passport is far more than that. It is a legal affirmation of identity, a safeguard against harassment at airports and border crossings and, in some cases, a necessity for survival.
That’s why the Trump administration’s recent rollback of gender identity recognition in federal passport policy has sent shockwaves through the LGBTQ+ community. By reversing established policies that allowed transgender, nonbinary and intersex people to obtain passports reflecting their lived gender, the administration has effectively stripped legal recognition from thousands of individuals. The consequences have been immediate and devastating, sparking a federal lawsuit that could become a defining civil rights case of the administration’s second term.
By reversing established policies that allowed transgender, nonbinary and intersex people to obtain passports reflecting their lived gender, the administration has effectively stripped legal recognition from thousands of individuals.
At the same time, many European countries have moved in the opposite direction, recognizing self-determined gender identity and expanding legal protections. This contrast highlights how the U.S. is becoming an outlier in restricting legal recognition for transgender and nonbinary people — potentially jeopardizing the rights of American travelers abroad.
The Executive Order That Changed Everything
On Jan. 20, President Donald J. Trump signed Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” The order mandates that the federal government recognize only two sexes — male and female — strictly defined by reproductive function at conception. This directive applies across federal agencies, including the State Department, which is now denying requests to change sex markers on passports and eliminating the “X” designation used by nonbinary and intersex individuals.
The policy shift immediately halted the processing of thousands of applications and forced transgender individuals into a dangerous predicament — one where their federal identity documents contradict their lived reality.
Policy That Outs and Endangers Transgender Travelers
A major consequence of the new passport policy is that it forces transgender individuals to carry identification documents that do not match their gender presentation. This can lead to:
- Harassment by TSA and border officials who flag perceived discrepancies between appearance and passport data.
- Denial of entry to countries with strict gender norms, particularly where transgender rights are not recognized.
- Involuntary “outing” to airline staff, hotel clerks and foreign officials, increasing the risk of discrimination and violence.
Filed on Feb. 7, the lawsuit Orr v. Trump highlights the experiences of multiple plaintiffs from across the U.S. who have been directly harmed by the new passport policy.
One such plaintiff, Zaya Perysian, a transgender woman, applied to update the sex marker on her passport to female. Instead, she received it back with a male sex marker and a note stating the correction was made “to match government records.” This effectively renders her passport unusable. Like other plaintiffs, Perysian now faces the risk of being outed as a transgender person when traveling internationally, potentially exposing her to harassment, denial of entry or even violence.
For transgender, nonbinary and intersex individuals, a mismatched passport isn’t just an inconvenience — it’s a threat to their safety.
For transgender, nonbinary and intersex individuals, a mismatched passport isn’t just an inconvenience — it’s a threat to their safety.
A Reversal of Progress
Before Trump’s policy change, the U.S. had been aligning with global trends.
The State Department first allowed transgender people to change sex markers in 2010. In 2021, the X gender marker was introduced, following the lead of countries such as Canada, Germany and Argentina. The United Nations has consistently affirmed that legal gender recognition is a human rights issue, urging nations to adopt self-determination laws.
With the new passport restrictions, the U.S. now stands apart from democratic allies, aligning instead with nations that refuse to acknowledge gender diversity.
What’s at Stake?
The battle over passports is about more than just documentation; it’s about the fundamental right to exist and move freely. The U.S. passport policy forces transgender people into impossible choices: Travel with inaccurate documents — risking harassment, detainment or even violence. Or refrain from international travel entirely, sacrificing opportunities for work, education and personal freedom.
The battle over passports is about more than just documentation; it’s about the fundamental right to exist and move freely.
At a time when many European countries are expanding gender recognition, the U.S. is implementing a policy that erases legal recognition altogether. This puts transgender Americans at odds with international norms, potentially leading to diplomatic complications and legal challenges abroad.
As the lawsuit unfolds, its outcome will determine whether the U.S. continues its retreat from transgender rights or reaffirms its commitment to equality. For transgender, nonbinary and intersex Americans, the right to hold a passport that reflects their identity is more than just a legal fight — it is a fight for dignity, safety and recognition in their own country and beyond.
Travel advisors wear many hats‚ and now, they may be asked to offer advice to affected travelers. And while agents would do well to stay on top of the issue as it develops, they should avoid offering legal advice to clients as a general rule.
Meet Jeffrey Ment
Jeffrey Ment, of The Ment Law Group, currently works as a travel law attorney and previously worked as a travel advisor, airline sales manager and tour guide. For more than 29 years, he has represented individuals and companies in the travel industry.
Have a question for Jeffrey? Send an email to [email protected].
