Executive order limits recognition of gender identities

In a significant shift in federal policy, the Trump administration has frozen passport applications that include the “X” sex marker or request changes to gender identity. The decision follows an executive order signed by President Donald Trump that recognizes only two sexes—male and female—as “immutable biological realities.”

The US State Department, under the leadership of Secretary of State Marco Rubio, swiftly implemented the directive, halting applications with non-binary identifiers. In an email to State Department staff on Thursday, Rubio stated, “The policy of the United States is that an individual’s sex is not changeable.”

New rules for federal identification

The executive order, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” mandates that federal identification documents, including passports, visas, and consular reports of birth abroad, reflect an individual’s biological classification as either male or female. The directive explicitly prohibits the use of gender identity in place of sex on official documents.

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State Department staff have been instructed to:

• Suspend all applications requesting an “X” sex marker.
• Halt processing of applications seeking changes to sex markers.

While the White House clarified that existing passports with “X” identifiers remain valid, it noted potential complications during renewals under the new policy.

The rise and fall of ‘X’ gender markers

The policy marks a sharp reversal from previous progress. In April 2022, the State Department began issuing passports with the “X” marker to accommodate non-binary, intersex, and gender-diverse individuals. This step was widely lauded as a recognition of gender diversity.

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However, Trump’s executive order reverses this inclusivity. The administration argues that sex, not gender, is the appropriate classification for legal and identification purposes.

Broader implications and criticism

The new policy has sparked backlash from LGBTQ+ advocates and human rights organizations, who view it as a regressive move that marginalizes non-binary individuals and the broader LGBTQ+ community. Critics also fear the directive could lead to legal challenges and further restrictions on gender identity in other federal programs.

While the administration has yet to disclose the total number of passports issued with the “X” marker, the policy change is expected to significantly impact individuals seeking recognition for non-binary or gender-diverse identities.

As the issue unfolds, the implications of the executive order could extend beyond passports, raising questions about the future of gender identity recognition in federal policies.