In alignment with President Donald Trump’s recent executive order, Secretary of State Marco Rubio has directed the State Department to halt the issuance of U.S. passports featuring the gender-neutral ‘X’ marker. This decision reflects the administration’s policy to recognize only two sexes, male and female, on official federal documents.
Background and Implementation
The executive order, signed by President Trump on January 20, 2025, defines a woman as an “adult human female” and emphasizes the administration’s commitment to using “clear and accurate language” that acknowledges biological distinctions between males and females. Following this directive, Secretary Rubio instructed the State Department to suspend processing passport applications requesting an ‘X’ gender marker or changes to existing gender markers. Passports previously issued with an ‘X’ designation will remain valid until their expiration, but renewals will require selection of either ‘M’ or ‘F’.
Policy Reversal
This move reverses policies implemented during the Biden administration, which had expanded options for gender markers on passports to include ‘X’ for non-binary, intersex, and gender non-conforming individuals. The previous policy allowed applicants to self-select their gender without requiring medical documentation.
Administration’s Rationale
The administration asserts that this policy change is intended to uphold women’s rights and protect freedom of conscience. The executive order also addresses related issues, such as housing assignments in federal prisons and the prohibition of taxpayer-funded medical gender transitions for federal inmates.
Potential Legal Challenges
Advocacy groups, including the American Civil Liberties Union (ACLU) and Lambda Legal, have expressed strong opposition to the policy change, arguing that it infringes upon the rights of non-binary and transgender individuals. Legal experts anticipate challenges to the executive order, citing potential conflicts with previous court rulings that have supported the recognition of non-binary identities on official documents.
Looking Ahead
As the State Department implements this directive, it is expected that legal battles will ensue, potentially influencing future policies regarding gender identification on federal documents. The administration’s actions have sparked a broader debate on the balance between governmental recognition of gender diversity and adherence to traditional definitions of sex.