Trump Admin Suggests It Could Invalidate Trans, Nonbinary Passports in New Updatehttps://www.them.us/story/trump-administration-passports-trans-nonbinary-x-marker-invalid 🔗Abby Monteil (14 Nov 2025)
Following the Supreme Court's recent ruling in favor of President Donald Trump's anti-trans passport policy, the federal government is now suggesting it may revoke trans people's passports.
Earlier this month, SCOTUS ruled in the case of Orr v. Trump that the Trump administration could act on an executive order that halted the issuing of passports carrying gender markers other than those assigned at birth, overturning lower-court decisions that put a preliminary injunction on the order. This injunction was previously granted to the American Civil Liberties Union and law firm Covington & Burlington LLP's lawsuit on behalf of 12 trans and nonbinary individuals, who argued that Trump's January anti-trans order violated their First Amendment rights.
"As a result [of the Court's ruling], we are only issuing passports reflecting sex at birth and will not honor attestations requesting a preferred sex marker," the page reads. "If you submit a passport application requesting an X marker or requesting a sex marker that differs from the sex marker at your birth, you may experience delays getting your passport... We will issue you a new passport that matches your biological sex at birth, based on your supporting documents and our records about your previous passports."
The page's frequently asked questions (FAQ) section features the question, "Is my passport still valid if I have an X marker on it, or if it lists a sex other than my sex at birth?"
In response, the State Department states, "A passport is valid for travel until its date of expiration, until you replace it, or until we invalidate it under federal regulations."
