Trump’s Attack on Access to Passports for Transgender, Intersex, and Non-Binary U.S. Citizens

Following a January 2025 executive order from President Donald Trump barring people from updating the sex designation on their passports, the ACLU filed a federal lawsuit challenging the State Department’s refusal to issue passports with accurate sex designations on behalf of seven transgender, nonbinary, and intersex people. On June 17, 2025, a federal court granted plaintiffs’ motions for class certification and for a preliminary injunction. The preliminary injunction allows many transgender, nonbinary, and intersex people to receive passports with accurate sex markers while this litigation is pending. Read more about the ACLU’s lawsuit, the preliminary injunction, and how to apply for an accurate passport below.