Following a recent executive order signed by President Donald Trump, passport applications with “X” sex markers and changes to gender identity on existing passports are frozen, as the order states that the US only recognizes two genders: male and female.
The move has been accomplished with swift implementation by the US State Department, with Secretary of State Marco Rubio issuing a directive to staff on Thursday.
At the heart of the issue is the definition of sex and gender. “The policy of the United States is that a person’s sex is not changeable,” Rubio’s email said. This stance is reinforced by Trump’s executive mandate, which declares that the US recognizes only two genders: male and female, describing them as “immutable biological realities”.
His directive also states that “sex, and not gender, shall be used” in official documents such as passports and consular reports of births abroad such as consular reports.
The implications of this policy are far-reaching, affecting both current and future passport applications. State Department staff have been instructed to “suspend any applications requesting an X sex marker” and “suspend any applications where the applicant is seeking to change his or her sex marker”. The move has raised concerns about the validity of existing passports with the “X” identification, although the White House has clarified that these passports will remain valid only with issues arising during renewal.
The State Department began issuing passports with the non-binary third gender identification “X” in April 2022.
The executive order, titled “Protecting women from gender ideology extremism and restoring biological truth to the federal government,” has been criticized for its restrictive stance on gender identity. The order requires government-issued identity documents, including passports, visas, and entry cards, to reflect a person’s “immutable biological classification as male or female.”
In contrast, the State Department began issuing passports with a non-binary “X” gender marker in April 2022, in recognition of the diverse range of gender identities. However, with the new executive order, processing of passport applications with “X” gender markers has been halted.
As the situation continues, it is unclear how many passports currently use the “X” option. Nevertheless, the impact of this policy is likely to be significant, affecting not only individuals with non-binary gender identities, but also the broader LGBTQ+ community.
