A federal judge in Massachusetts has blocked the Trump administration from enforcing a controversial executive order that would have forced U.S. passport applicants to list only their gender assigned at birth, a mandate that critics said targeted transgender and nonbinary Americans.
U.S. District Judge Julia Kobick ruled on Tuesday that the State Department must allow individuals to choose the gender they identify with on new or renewed passports, including the “X” gender marker for nonbinary individuals. The ruling builds on an earlier injunction from April, which applied only to the plaintiffs in the case, by expanding protections nationwide.
The executive order at the center of the dispute was signed by President Trump on his first day back in office, January 20, 2025. It reversed a Biden-era policy that permitted Americans to self-select their gender on passport applications without requiring medical documentation and recognized a nonbinary “X” option. Under the Trump order, anyone renewing a passport would have been compelled to choose either “male” or “female” based strictly on the sex assigned at birth, even if they had previously used the “X” designation.
This change drew swift legal action. In February, several transgender and nonbinary plaintiffs backed by the American Civil Liberties Union sued the administration, arguing that the policy was unconstitutional and discriminatory. In her April decision, Judge Kobick sided with them, writing that the administration had failed to justify its policy with any “important governmental interest” and had effectively rejected the identity of transgender Americans.
Kobick’s updated ruling confirms that those applying for a new passport, renewing an existing one, or changing a name or gender marker can continue to do so based on self-identified gender, not birth-assigned sex. The judge wrote that the plaintiffs are likely to succeed on the merits of their case, indicating that the policy is unlikely to survive further legal scrutiny.
ACLU of Massachusetts legal director Jessie Rossman welcomed the decision, saying, “This decision acknowledges the immediate and profound negative impact that the Trump administration’s passport policy has on the ability of people across the country to travel for work, school, and family. We will continue to fight to stop this unlawful policy once and for all.”
The White House reacted sharply. Spokesperson Anna Kelly condemned the ruling as “yet another attempt by a rogue judge to thwart President Trump’s agenda and push radical gender ideology that defies biological truth.” She added, “There are only two genders. There is no such thing as gender ‘X.’”
The Department of Justice has appealed the April ruling, and further litigation is expected. The State Department declined to comment, citing pending legal action.
For now, the ruling means that transgender and nonbinary Americans retain the ability to carry passports that reflect their identity — an essential right for safe and accessible travel, employment, and civil recognition. The legal case could ultimately shape the future of gender recognition on federal documents in the United States.
