Judge grants "critical victory" to trans people suing Trump for his anti-trans passport policy

https://www.lgbtqnation.com/2025/04/judge-grants-critical-victory-to-trans-people-suing-for-his-anti-trans-passport-policy/

By Molly Sprayregen (21 April 2025)

U.S. District Judge Julia E. Kobick has issued a partial preliminary injunction against the Trump administration's executive order barring trans people from changing the gender markers on their passports.

"The Executive Order and the Passport Policy on their face classify passport applicants on the basis of sex and thus must be reviewed under intermediate judicial scrutiny," Kobick stated, as reported by the Associated Press.

She agreed that the plaintiffs could successfully prove the administration's order is "based on irrational prejudice toward transgender Americans," is "arbitrary and capricious," and "was not adopted in compliance with the procedures required by the Paperwork Reduction Act and Administrative Procedure Act."

"This ruling affirms the inherent dignity of our clients, acknowledging the immediate and profound negative impact that the Trump administration's passport policy would have on their ability to travel for work, school, and family," said Jessie Rossman, legal director at ACLU of Massachusetts, in a statement. "By forcing people to carry documents that directly contradict their identities, the Trump administration is attacking the very foundations of our right to privacy and the freedom to be ourselves. We will continue to fight to rescind this unlawful policy for everyone so that no one is placed in this untenable and unsafe position."

The ACLU also plans to file a motion requesting Kobick's decision apply to all trans and nonbinary people across the country.

I will refuse to carry any document that does not represent my true identity. I don't want to be accused of identity theft! If anyone presents a document that does not correctly identify me, I will deny that it is me.

It may be tough for them to prove since all of my identity documents are photo IDs issued by the federal government, or state-issued with the gold star stamp of approval of the federal government. Even Social Security approved my records change and reissued my SS card. They would not have done that if the information provided was false. And that is not even bringing up a legal, signed court order that clearly identifies who I am.

So, yeah. Bring it.

To quote Governor Janet Mills of Maine (speaking to Trump): "See you in court."