US State Department Ends Gender X Passports
Week one in office, Trump signed an executive order declaring it official policy of the U.S. government to recognize only two sexes, male and female, period the end, sex was “not changeable.” Keep reading to learn how his executive order impacts gender x passports for Americans.
Author’s note: This post was originally written in February 2025 and updated in February 2026 to reflect legal challenges and changes. Skip ahead to the what’s next for passports section for the lates updates.
Trump’s executive order requires that federal documents like passports, visas, and Global Entry cards, operate using the binary definition of sex outlined in the order.
The State Department has suspended processing passport applications requesting an “X” gender marker. If your application for gender x passports is pending, I’m sorry to say you’ll receive a passport with an M or F sex marker instead.
Supreme Court Sides With Trump – What’s Next for Sex Markers on Passports?
TTK
What Kind of Passport Can I Get Now?
The latest passport ruling creates a two-tiered system.
People who applied for a valid passport before Trump’s executive order have gender-congruent documents. Those who took advantage of the window in 2025 when Orr v. Trump was under consideration by the Supreme Court have gender congruent documents. Those who didn’t are out of luck – once again, passport applicants will receive passports with the sex assigned at birth.
This also means it’s not currently possible to apply for an X gender passport.
How the Passport Ruling Impacts Trans Travel and Nonbinary Travel
There’s been a lot of speculation about how the new ruling will impact trans and nonbinary travelers:
Would current gender X passport holders be grandfathered in?
Thus far, yes.
Gender X passports are considered valid until the expiration date and travelers in possession of these passports may use them.
Will a nonbinary traveler have their passport seized by TSA, stranding them while en route to a nonbinary inclusive race?
There have not been any reporting of nonbinary travelers having their passports seized.
Will they have to turn in their US passport so it can be replaced with binary gender documentation?
Travelers with X gender passports do not have to turn in their valid passports or revert from an X gender passport to a passport with an F or M sex marker.
However, some travelers with third gender passports have chosen to revert their documentation, going back to the sex assigned at birth. Reasons for this include wanting to avoid extra scrutiny at checkpoints, feeling that it’s safer to do so, or concern that they’d be forced to do so anyway.
What if I have an X gender driver’s license from an LGBTQ friendly state and a passport that says M or F?
Because driver’s licenses are issued by the state, it’s possible to have a nonbinary driver’s license and a passport with the sex assigned at birth.
This invites extra scrutiny in situations where you have to show both your driver’s license and your passport.
Thankfully, these are few. I’ve been asked to show my license in addition to my passport once, and I got around it by showing my Global Entry card instead.
Read: Why I’m grateful for Global Entry as a nonbinary traveler.
A more realistic challenge is when a state that currently allows nonbinary licenses reverts course.
Because driver’s licenses are issued by the state, this means that nonbinary people in affirming states will be protected, while those in states with harsh anti-trans laws may see their licenses revoked and replaced with ones that list the sex marker assigned at birth.
We’ve seen this happen already in Florida.
Florida’s Department of Highway Safety and Motor Vehicles decided that “misrepresenting one’s gender” constituted fraud and announced they would no longer allow Florida residents to change the gender marker on their license.
A transgender woman who’d done so had her driver’s license canceled.
Texas and Kansas have implemented similar measures.
If you ask me, it’s another reason to consider moving to a trans-inclusive state.
How Many Americans Have Nonbinary Passports?
Americans have been able to apply for gender X passports since 2021, when the Biden administration changed federal policy to support gender expansive identities.
The Williams Institute estimates that around 16,700 nonbinary Americans – or 1.4% of Americans who identify as nonbinary – may request an x gender marker on their passport per year. They reviewed data on x marker driver’s licenses to come up with their estimate. If their estimates held up, as many as 66,800 Americans could be affected by the policy switch.
A majority of the nonbinary community still has a passport that says M or F.
I’m one of those people.
I renewed my passport in 2020, the year before third gender passports were an option.
When the State Department first rolled out the X gender marker for passports, I was thrilled. It felt like progress—finally, official recognition for those of us who don’t fit neatly into the “male” or “female” biological classification.
But then I learned that not every country would accept these passports.
Imagine flying halfway across the world only to be turned away at the border!
Or having to put a dream vacation on hold, indefinitely, all because that country’s government did not legally recognize your documentation!
Suddenly, I felt relieved that the option hadn’t been available when I last renewed my passport.
What Should I Do if I Currently Have A Gender X Passport?
Orr v. Trump continues to move through the court system.
While the Supreme Court’s decision was a setback for transgender rights, it is not a final ruling.
The court was considering whether a stay against lower court rulings could remain in place while the case was litigated.
For now, the matter is settled: passport applicants will receive a passport that lists the sex assigned at birth. Nonbinary passport applicants must receive a passport with a binary sex marker, male or female.
In the future, we could see another window where passport applicants can self-select their sex marker, thus choose gender-congruent identification. Or we could ultimately see the matter settled to our benefit, respecting gender variant identities. That’s a long shot, but it could happen!
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