Biden-appointed U.S. Judge Julia Kobick issued a ruling Tuesday to temporarily block the Trump administration’s move to only allow two genders, male and female, on U.S. passports. This decision extends her previous ruling, which had initially applied to six individuals who challenged the policy, now effectively halting it for all Americans. The ruling comes as part of an ongoing legal battle against an executive order signed by President Donald Trump that aimed to limit passport gender designations to only male and female, effectively removing the ‘X’ option for nonbinary and intersex individuals.
The Department of State implemented this policy in line with the Trump administration’s broader efforts to define sex as binary, which were outlined in an executive order titled ‘Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.’ According to this order, efforts to redefine sex as something other than male or female are seen as a threat to women’s safety and the integrity of the American system. The order argued that allowing people to self-identify as the opposite sex or as nonbinary could harm the safety of women in spaces like shelters and workplace showers, and undermine the truth of biological sex in public policy.
However, Judge Kobick ruled that the administration failed to demonstrate that this policy was substantially linked to an important government interest. In her decision, she emphasized that the policy discriminates on the basis of sex and is rooted in irrational prejudice against transgender Americans. She pointed out that transgender and non-binary individuals who are required to use passports that do not reflect their gender identity are more likely to experience psychological distress, including suicidality, harassment, discrimination, and violence. Obtaining gender-concordant identity documents is considered an essential part of the standard of care for treating gender dysphoria.
The judge’s ruling was based on the argument that the Trump administration’s policy would cause transgender individuals to face anxiety and potential safety risks if they had to travel with passports bearing a sex designation corresponding to their sex assigned at birth, which would effectively ‘out’ them in various situations. Kobick concluded that the policy is both arbitrary and capricious, and that it violates the rights of transgender Americans by failing to allow them to present an identity that aligns with their gender. This ruling represents a significant legal challenge to the Trump administration’s approach to gender-related policies, marking yet another setback in its efforts to reshape these areas of federal law.
As part of the broader legal landscape, the decision adds to a growing number of lawsuits challenging the Trump administration’s policies on gender identity, including cases related to the use of public facilities, sports participation, and media regulations. These lawsuits reflect the ongoing tension between government policies aimed at defining biological sex and the rights and identities of transgender and nonbinary individuals. The ruling by Judge Kobick is seen by many as a key moment in the legal defense of gender recognition and its impact on the mental health and safety of transgender people in the United States.