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The US State Department has halted all applications for passports with “X” sex markers and changes to gender identity on existing passports, following a new executive order signed by President Donald Trump on his first day in office. The directive, issued by Secretary of State Marco Rubio, mandates that official documentation must use an individual’s immutable biological classification as either male or female.
In an internal email shared with the Guardian, Secretary of State Marco Rubio instructed department staff to implement the new guidelines for official documentation. “The policy of the United States is that an individual’s sex is not changeable,” the email read. Rubio’s directive states that “sex, and not gender, shall be used” in official documents, including passports and consular reports of birth abroad.
State department staff were ordered to “suspend any application requesting an X sex marker” and to “suspend any application where the applicant is seeking to change their sex marker” from the definition provided in the executive order. This policy affects both current and future passport applications.
The executive order, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” mandates that government-issued identification documents exclusively use “an individual’s immutable biological classification as either male or female.” This order has already become the subject of five lawsuits by civil rights groups and Democratic attorneys general from 22 states, who argue that it violates the citizenship clause of the 14th Amendment of the U.S. Constitution.
The state department began issuing passports with the non-binary third gender identification “X” in April 2022. While passports with the “X” identification are still valid, issues are expected to arise with renewals. The White House told the news site Notus that guidance on existing passports containing an X sex marker will come via other channels. It remains unclear how many passports currently use the “X” option.
The directive has sparked significant controversy and legal challenges. LGBTQ+ rights organizations, such as Lambda Legal, have vowed to challenge the executive order in court. The State Department did not immediately respond to requests for comment.
The new policy has raised concerns among advocates for transgender, intersex, and non-binary individuals, who argue that it undermines their rights and recognition. The executive order represents a significant shift in the federal government’s approach to gender identity and documentation.
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