On January 20, 2025, the US Department of State stopped processing passport applications and issuing new passports with the marker X, which denotes unspecified or other gender identities, as well as passports with gender markers that do not match the applicant’s sex assigned at birth.
The move followed President Donald Trump’s same-day executive order “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which states “It is the policy of the United States to recognize two sexes, male and female.”
The Department of State first began issuing passports with X markers in 2022, after announcing the year prior that applicants could self-select their gender marker (M for male, F for female, or X) without needing to provide additional medical documentation. The new policy revokes applicants’ ability to self-certify their gender when the selection does not match the sex stated on other identity documents.
As of January 21 the State Department will only process M (male) or F (female) markers on new passport applications according to the sex reported on an applicants’ supporting documents such as a previous passport, a driver’s license, or a birth certificate (the full list can be found on the department’s page) and records on previously held passports. The new policy also applies to markers on Consular Reports of Birth Abroad, visas, and Global Entry Cards.
How is the new policy impacting travelers?
The American Civil Liberties Union (ACLU) says it has been contacted by more than 1,500 people worried about being able to get accurate passports as a result of the new policies. Among them is Reid Solomon-Lane, a flight attendant from Massachusetts and married father of three.
“I’ve lived virtually my entire adult life as a man,” Solomon-Lane said in a statement to the ACLU. “Everyone in my personal and professional life knows me as a man, and any stranger on the street who encountered me would view me as a man. If my passport were to reflect a sex designation that is inconsistent with who I am, I would be forcibly outed every time I used my passport for travel or identification, causing potential risk to my safety and my family’s safety.”
Below, we’ve gathered the latest information and advice from the US government and legal experts on how transgender and genderqueer travelers can navigate the policy reversals of gender self-selection on US passport applications. The latest guidance from the State Department can be found on their website.
Passports with X markers will remain valid until expiration.
If you currently hold a US passport with the gender marker X, you still possess the full privileges of your passport until its expiration date. “US passports previously issued with an X marker will remain valid for travel until their expiration date,” a spokesperson from the State Department shared with Condé Nast Traveler.
The policy will not be enforced retroactively at airports.
The policy requiring that passports reflect the holder’s sex assigned at birth will not be enforced retroactively, and no passport holder is obligated to update their passport before it expires. However, US passport holders with an X marker who would like to update their passport “may apply to replace their X passport with a new one that reflects their biological sex at birth and may do so at no cost, keeping the same expiration date, if it was issued less than one year ago,” a spokesperson from the State Department said. As long as it hasn’t expired, you can still use a passport with an X marker to enter the US.
If you submit an application requesting markers that go against the new policy, expect delays.
If you chose to submit or have already submitted a passport application “requesting an X marker or requesting a sex marker that differs from the sex marker at your birth, you may experience delays getting your passport,” the State Department says on its website. “You may receive a letter or email requesting more information. We will issue you a new passport that matches your biological sex at birth, based on your supporting documents and our records about your previous passports.”
The ACLU has filed a lawsuit against the federal government.
On February 7, 2025, the ACLU filed a federal lawsuit challenging “the State Department’s refusal to issue passports with accurate sex designations.” The lawsuit was filed on behalf of seven plaintiffs who have either not been able to obtain passports reflecting their gender identity because of the new policies or will likely not be able to upon their next renewal. The lawsuit cites that the State Department’s immediate implementation of policies proposed in the executive order violates the Administrative Procedures Act; transgender, intersex, and nonbinary people’s rights under the Due Process Clause of the US Constitution; the Equal Protection Clause; as well as the First Amendment.
“We know that people may have received undue harassment, discrimination, and scrutiny when they’re going through security because their gender marker may not match [their self-identity],” Arli Christian, senior policy counsel from the ACLU, told Traveler on a video call, “so affected travelers should know their rights: that if they have an existing passport [with an X marker], it is valid. We want them to know that the State Department website has the current policy, so if they are ever questioned, they can show [the policy].”
For more air travel advice, read our guides on what to know about the SSSS boarding pass code and the Real ID requirements.
