A federal judge in Texas has halted a Biden administration policy allowing transgender Americans to select “X” as their gender marker on U.S. passports. The ruling, issued yesterday by U.S. District Judge Matthew Kacsmaryk, marks a significant setback for transgender rights advocates who have fought for more inclusive federal identification documents.
The State Department introduced the gender-neutral “X” option in April 2022, calling it a milestone toward greater inclusivity for LGBTQ+ Americans. Secretary of State Antony Blinken had championed the move as “respecting the dignity of all Americans.”
But Judge Kacsmaryk, a Trump appointee known for conservative rulings on social issues, determined the policy exceeded the State Department’s authority. “Federal agencies cannot rewrite statutes through regulatory overreach,” he wrote in his 42-page opinion.
The lawsuit was brought by America First Legal, a conservative group founded by former Trump advisor Stephen Miller. Their complaint argued the policy undermined the “biological reality of sex” and created national security concerns—claims transgender advocacy groups strongly dispute.
“This ruling ignores both medical consensus and the lived experiences of thousands of Americans,” said Shannon Minter, Legal Director at the National Center for Lesbian Rights. “Gender identity is real, scientifically validated, and deserving of recognition.”
The State Department estimates approximately 15,000 Americans have chosen the “X” marker since its implementation. These individuals now face uncertainty about their travel documents’ validity following the court’s decision.
Dr. Jules Gill-Peterson, historian and author of “Histories of the Transgender Child,” called the ruling “part of a coordinated legal strategy targeting transgender existence.” She noted that 24 states already permit gender-neutral options on driver’s licenses and other state IDs.
The Biden administration is expected to appeal the decision to the Fifth Circuit Court of Appeals. White House Press Secretary Karine Jean-Pierre described the ruling as “disappointing” and reaffirmed the administration’s commitment to LGBTQ+ rights.
Research from the Williams Institute at UCLA Law suggests approximately 1.6 million Americans identify as transgender. For many, having identification documents that match their gender identity prevents discrimination and harassment during travel and official interactions.
“When your ID doesn’t match who you are, everyday situations become potentially dangerous,” explained Rodrigo Heng-Lehtinen, Executive Director of the National Center for Transgender Equality. A 2015 survey by his organization found that 40% of transgender people with mismatched IDs reported harassment, assault, or being denied services.
The State Department had developed the policy following extensive consultation with medical experts, including the American Medical Association, which has long recognized gender identity as a complex interplay of biological, psychological, and social factors.
International precedent also supported the policy. At least 15 countries, including Canada, Australia, and New Zealand, already offer gender-neutral passport options.
“This isn’t just about paperwork—it’s about dignity and safety,” said Representative Mark Takano (D-CA), one of ten openly LGBTQ+ members of Congress. “No American should face barriers to travel or risk harassment because their documents don’t reflect their identity.”
Legal experts suggest the case could eventually reach the Supreme Court, potentially setting a national precedent on gender identity recognition in federal documents. The ruling comes amid a wave of state-level restrictions on transgender rights, including bans on gender-affirming care and participation in school sports.
Those directly affected by the ruling expressed both frustration and determination. “I waited decades to have documents that reflect who I am,” said Morgan Jenkins, a 37-year-old software engineer who obtained an X-marked passport last year. “This feels like having that dignity stripped away.”
The passport issue represents just one aspect of a broader debate about transgender recognition in American society. Public opinion remains divided, with a 2023 Pew Research Center poll finding 52% of Americans believe gender is determined by sex assigned at birth, while 46% say someone can be a different gender from their sex at birth.
For now, those with existing X-marked passports can continue using them while the legal challenges proceed. The State Department has not yet issued guidance on pending applications or renewals.
“The fight for recognition and dignity continues,” said Chase Strangio, Deputy Director for Transgender Justice at the ACLU. “This ruling is a setback, but the arc of justice ultimately bends toward inclusion.”
The case is America First Legal v. Blinken, No. 2:23-cv-00126, in the U.S. District Court for the Northern District of Texas.
