A federal appeals court has upheld an injunction that prevents enforcement of former President Donald Trump’s directive restricting how gender is recognized on US passports.
The ruling represents a major setback for the Trump administration’s efforts to limit legal recognition of transgender and nonbinary Americans.
The policy was introduced through an executive order signed by Trump on January 20, directing federal agencies to acknowledge only biological male and female categories.
Under the State Department’s revised process, applicants were asked to provide their sex at birth, with no option to select “X” or otherwise self-identify.
This reversed changes made under President Joe Biden, whose administration had allowed Americans to choose male, female, or a neutral “X” marker on passports.
For decades prior, individuals could amend sex designations, an option used widely by transgender citizens seeking accurate documents.
The American Civil Liberties Union challenged Trump’s rule in court, arguing that it unlawfully prevented transgender, nonbinary, and intersex people from obtaining passports consistent with their gender identity.
District Judge Julia Kobick sided with the plaintiffs, first applying her ruling narrowly but later extending it nationwide after certifying the lawsuit as a class action.
Trump’s legal team appealed, but the 1st Circuit Court of Appeals rejected the request.
The three-judge panel agreed with the lower court’s finding that the directive reflected unconstitutional bias and would inflict immediate harm on affected applicants.
Neither the White House nor the State Department offered comment following the ruling.
Legal experts believe the dispute may now move to the Supreme Court, where the administration could seek further review.