Judge Halts Trump’s Two-Gender Passport Rule, Citing Transgender Discrimination

A federal judge has thrown a wrench into the Trump administration’s attempt to limit U.S. passport gender options to just male and female. On Tuesday, Judge Julia Kobick, appointed by President Biden, issued a ruling that temporarily halts the policy, which stemmed from an executive order by President Donald Trump declaring the U.S. recognizes only two genders.

The policy scrapped the 'X' gender marker on passports and barred individuals from identifying as transgender, nonbinary, or intersex. Kobick’s decision extends a prior ruling in April, initially protecting six plaintiffs, to now cover all Americans. She argues the policy is discriminatory, 'arbitrary,' and fueled by prejudice against transgender individuals.

Kobick’s ruling highlights the real-world impact: transgender and nonbinary people with mismatched passport gender markers face heightened risks of harassment, discrimination, and psychological distress. She notes that gender-concordant documents are critical for treating gender dysphoria, and forcing individuals to use passports tied to their assigned sex at birth could 'out' them, sparking safety concerns.

Trump’s order, dubbed 'Defending Women from Gender Ideology Extremism,' insists that recognizing only two sexes protects women’s 'dignity, safety, and well-being' and preserves 'biological truth.' Yet Kobick counters that the government failed to justify the policy’s necessity, calling it a step too far.

This legal showdown reflects a broader cultural clash, with Trump’s policy aiming to cement traditional gender norms while opponents argue it erases identities and endangers lives. For now, the court’s ruling keeps the door open for diverse gender markers on passports, but the fight is far from over.