BOSTON (AP) In early January, when Ash Lazarus Orr went to renew his passport, he expected a simple process. Now, over two months later, he is still waiting for a new passport that reflects his name change and accurate sex designation. This delay has forced him to cancel plans for overseas travel to Ireland for gender-affirming care, as he refuses to accept a passport that carries an "inaccurate sex designation."
Orr attributes the holdup to a January 2017 executive order from President Donald Trump, which eliminated the option for non-binary individuals to use an "X" marker and halted changes to gender markers on passports. The order asserts that individuals can only be classified as either male or female, disregarding the experiences of those who transition from the sex assigned at birth.
His situation is not isolated. Orr is one of seven plaintiffs—five transgender Americans and two non-binary individuals—currently suing the Trump administration in federal court over this policy. He articulated, "This has really, truly impeded on my life and my freedom... The government is questioning who I am as a trans person." Their case is being represented by the American Civil Liberties Union (ACLU), which plans to contest the policy in federal court, seeking a preliminary injunction to suspend the executive order while legal proceedings continue.
The ACLU's lawsuit highlights further complications faced by plaintiffs. For instance, one woman received her passport back with a male designation, while others hesitated to submit their documents for fear of having their applications delayed or passports withheld. In another case, an individual submitted a request to change their designation from male to female on January 9 and is still waiting for their updated passport, leaving them unable to exit Canada where they reside, missing important family gatherings and conferences.
All plaintiffs have faced prior discrimination related to their gender identities, and they are concerned that incorrect sex designations could expose them to additional mistreatment and potential danger. ACLU lawyer Sruti Swaminathan argued, "We all have a right to accurate identity documents, and this policy invites harassment, discrimination, and violence against transgender Americans."
In response to the lawsuit, the Trump administration has defended the passport policy as not violating the equal protection provisions of the Constitution. They maintain that the president has the authority to set passport policies and claim the plaintiffs would not be harmed by the changes, as they are still free to travel. The Justice Department's statement suggested that the plaintiffs' anxiety about inconsistent identification stems from their own choices, not the government's role.
After Trump's executive order, the State Department quickly ceased issuing travel documents featuring the "X" gender marker, popular among non-binary individuals who do not strictly identify as male or female. Additionally, they stopped allowing applicants to change gender specifications on existing passports or issue new ones that adequately reflect their gender identity. Applications seeking changes that were submitted prior to the order were put on hold, and the State Department also modified its webpage for "LGBTQI+" travelers to eliminate specific references to transgender or intersex individuals.
This passport policy is one of many measures taken by Trump that could impede the rights and legal recognition of transgender, intersex, and non-binary people. Alongside the passport changes, the same executive order could lead to the incarceration of transgender women in male facilities and potential restrictions on transgender service members in the military. Furthermore, it could prevent federal funding for gender-affirming care for individuals under 19 and restrict transgender girls and women from participating in sports competitions designated for women.
As the case unfolds, the implications of the executive order and the ongoing challenges faced by transgender and non-binary individuals remain a focal point in the broader discussion on civil rights.
