US Appeals Court Upholds Resumption of 'X' Gender Passports

A U.S. appeals court upheld a lower court ruling requiring the Trump administration to resume issuing passports with an 'X' gender marker to transgender and nonbinary Americans, reflecting their gender identity. This ruling counters President Donald Trump's January executive order mandating that only two genders, male and female, be recognized on passports, effectively ending the previous policy that allowed a third gender designation. The State Department originally began issuing 'X' gender passports in October 2021 under President Joe Biden to accommodate nonbinary, intersex, and gender non-conforming individuals. District Judge Julia Kobick had ordered the resumption of issuing 'X' passports, citing that affected persons would suffer immediate and irreparable harm if the policy change remained enforced. A three-judge panel of the 1st Circuit Court of Appeals denied the Trump administration's request to stay the order, stating the government failed to meet the burden to secure a stay. The court's decision emphasizes the importance of recognizing gender diversity beyond the binary male and female classifications in official documents.