Judge blocks Trump administration’s passport policy targeting transgender and non-binary Americans

A federal judge, has issued a sweeping injunction against the Trump administration’s policy that restricted passport gender markers, marking a major victory for transgender and non-binary Americans seeking accurate identification.

U.S. District Judge Julia Kobick’s ruling, delivered Tuesday in Boston, prevents the State Department from enforcing an executive order that required passport applicants to select only the gender assigned at birth-male or female-on their documents. The order, signed by President Trump in January, reversed a 2022 policy that had allowed Americans to self-select their gender marker, including an “X” option for non-binary individuals.

Judge Kobick’s preliminary injunction expands an earlier, narrower order that applied to just six plaintiffs represented by the American Civil Liberties Union (ACLU). Now, the protection covers all transgender and nonbinary Americans who need to obtain a new passport, renew an expiring one, or update their name or sex designation due to loss, theft, or personal changes.


In her decision, Kobick found that the government’s policy likely violated the Fifth Amendment’s equal protection clause. She wrote, “The Executive Order and the Passport Policy inherently categorize passport applicants based on sex and consequently must undergo intermediate judicial scrutiny. The government has not met this criterion”. Kobick emphasized that the administration failed to show that halting the policy would harm the executive branch or U.S. foreign relations, while affected individuals demonstrated clear constitutional harm.

The ACLU’s lawsuit highlighted real-world impacts: one woman received her passport with a male designation, and others reported fears of delays or confiscation if their applications didn’t align with the new policy. Another applicant, who requested a change from male to female, was still awaiting her passport months later, risking missing family and professional events.

The Trump administration argued that the policy did not violate constitutional protections and asserted broad presidential authority over passport regulations. However, Kobick’s ruling ensures that, for now, transgender and nonbinary Americans retain the right to accurate federal identification as the legal battle continues.

The White House has not yet commented on the ruling.