United States: Federal Court Blocks State Department Policy on U.S. Passports and Gender
June 18, 2025
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At a glance
- Late Tuesday, a federal judge granted a preliminary injunction that orders the State Department to permit individuals to apply for a U.S. passport that reflects their gender identity.
- The injunction prohibits the State Department from enforcing the passport policy developed to implement President Trump’s January 20 executive order, which directed U.S. federal agencies to recognize only the gender assigned to an individual at birth.
- The Trump Administration is expected to appeal the injunction.
The issue
Judge Julia E. Kobick of the Federal District Court for the District of Massachusetts on Tuesday granted a preliminary injunction that prohibits the State Department from enforcing a U.S. passport policy that recognizes only the gender assigned to an individual at birth. Judge Kobick also certified a class of individuals who benefit from the injunction. Previously, on April 18, 2025, Judge Kobick issued a very limited preliminary injunction pausing the passport policy only for the named individuals in the lawsuit, while the plaintiffs sought court recognition of a class of individuals with similar claims who could benefit from a broader injunction. Yesterday’s court order recognizes that class. The case is Orr v. Trump, Case No. 1:25-cv-10313 (D. Mass., filed February 7, 2025).
The court order establishes a preliminary injunction class that includes individuals who do not identify with the gender assigned to them at birth and who (1) do not have a currently valid passport; (2) need to renew their passport because it expires within one year; (3) require changes to their passport to align the gender designation to their gender identity or to reflect a name change; or (4) need to apply for a new passport due to loss, theft, or damage.
The preliminary injunction blocks the State Department from enforcing the passport policy developed to implement President Trump’s January 20, 2025 Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” against members of the class, and orders the State Department to process and issue passports to affected individuals consistent with the policy in effect on January 19, 2025. The injunction permits passport applicants to select an “M,” “F,” or “X” marker that reflects their gender identity.
To verify that applicants are members of the class, the State Department may require applicants to affirm the following on their passport application form: “If I am selecting a sex marker that is different than the sex on my original birth certificate, or if I am selecting an ‘X’ sex marker, I confirm that a least one of the following is true: (1) my gender identity is different from the sex assigned to me at birth, or (2) I have been diagnosed with gender dysphoria. I further confirm that I am applying for a passport because one of the following is true: (1) I do not have a currently-valid passport, (2) I need to renew my current passport because it expires within one year, (3) I need to make changes to my passport to have the sex designation on it align with my gender identity or to reflect a name change, or (4) I need to apply for another passport because my passport was lost, stolen or damaged.”
What the preliminary injunction means
Tuesday’s court order means that U.S. citizens who do not identify with their gender assigned at birth can apply for and receive a passport that reflects their gender identity and are not restricted to a passport reflecting the gender they were assigned at birth. However, the Trump Administration is expected to appeal the injunction and may apply for an emergency stay; if a stay is granted, the State Department could reject new passport applications requesting an “X” marker or a marker that differs from the gender assigned at birth.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
