US Appeals Court Blocks Trump Transgender Passport Restrictions

A federal appeals court upheld a lower court ruling blocking enforcement of President Donald Trump’s executive order that banned gender-neutral markers on U.S. passports, reinforcing the right for transgender and nonbinary individuals to obtain passports reflecting their gender identities. The court found that Trump’s policy, which recognizes only male and female biological sexes and requires passport applicants to provide biological sex at birth, was rooted in unconstitutional animus toward transgender Americans and would cause irreparable harm, such as increased risk of harassment and violence. This ruling affirms a prior injunction issued by Judge Julia Kobick and expands protections to a class of affected individuals, following the Biden administration’s prior allowance for a gender-neutral 'X' marker since 2021. The Trump administration's appeal to suspend the injunction was rejected, with courts emphasizing the government’s failure to justify potential harm to executive interests over the plaintiffs' immediate harms. The American Civil Liberties Union praised the decision for ensuring accurate passport identification for transgender, nonbinary, and intersex people, while the White House has yet to comment. These legal battles reflect ongoing tensions between policies under President Trump, who rescinded prior gender-neutral provisions, and protections advocated by civil rights groups.