Proposed new US passport rules

[Asche]

My local pride center forwarded an alert from Lambda Legal.  The State Department is proposing new rules for applying for (and renewing?) US passports:

https://www.federalregister.gov/documents/2025/02/18/2025-02696/30-day-notice-of-proposed-information-collection-application-for-a-us-passport-for-eligible

I had some trouble figuring out exactly what would be affected, but I notice that the application will require an affadavit of one's sex assigned at birth.

Anyway, it is in the 30-day comment period, so comment away!

[Lori Dee]

Anyway, it is in the 30-day comment period, so comment away!

16 days remain in the comment period. I submitted as Anonymous because I choose not to make my contact information a matter of public record.

My comment:

Before any changes to government policy are made based upon the opinions of the Executive, perhaps it would be best to wait until the courts have determined whether or not the Executive Order is even legal. The fact that it is discriminatory in language and form makes it unconstitutional, which is to be determined by the Judicial Branch.

"A law repugnant to the Constitution is void. An act of Congress repugnant to the Constitution cannot become a law. The Constitution supersedes all other laws and the individual's rights shall be liberally enforced in favor of him, the clearly intended and expressly designated beneficiary."
 ~ Marbury v. Madison, (1803)

"Where rights secured by the Constitution are involved, there can be no rulemaking or legislation which would abrogate them".   ~ Miranda v. Arizona (1966)

"An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is in legal contemplation as inoperative as though it had never been passed".  ~ Norton v. Shelby County, Tennessee (1886)

[BlueJaye]

Let's say you're in your 60s or so. Your parents are both dead and any doctors or nurses who were present at your birth are dead. Who, other than yourself, could possibly testify in an affidavit what sex you were assigned at birth? This is ridiculous.

[Lori Dee]

Let's say you're in your 60s or so. Your parents are both dead and any doctors or nurses who were present at your birth are dead. Who, other than yourself, could possibly testify in an affidavit what sex you were assigned at birth? This is ridiculous.

Most birth certificates are called a "Certificate of Live Birth". Keyword being "certificate" as in "certified". What more is needed?

But the heart of the matter is the erroneous definition that sex can only be male or female. Many intersex people do not learn of their condition until puberty or even later in life. It isn't always apparent "at the time of birth".

[BlueJaye]

Most birth certificates are called a "Certificate of Live Birth". Keyword being "certificate" as in "certified". What more is needed?

But the heart of the matter is the erroneous definition that sex can only be male or female. Many intersex people do not learn of their condition until puberty or even later in life. It isn't always apparent "at the time of birth".

I did not have confirmation of my condition until this year, at the age of 43.