Judge Blocks Trump’s Anti-Trans Passport Policy: Supporters Hail Major Win for Civil Rights
Boston, MA –– A federal judge in Boston has issued a major rebuke of the Trump administration’s attempt to restrict passport access for transgender and nonbinary Americans.
On Friday, U.S. District Judge Julia Kobick granted a preliminary injunction blocking enforcement of a policy that would bar applicants from using a gender-neutral “X” marker or updating the gender marker on their passports to reflect their gender identity.
The policy, enacted via executive order in January, defined sex strictly as male or female and instructed the State Department to deny passport applications seeking an “X” marker or a gender marker differing from previous documentation.
This move reversed inclusive practices from the prior administration and drew immediate legal challenges from civil rights groups and affected individuals.
The American Civil Liberties Union (ACLU), representing seven transgender and nonbinary plaintiffs, argued that the policy was unconstitutional and would inflict real harm by forcing people to carry identification that does not reflect their identity.
The ACLU highlighted the dangers of outing individuals as transgender or nonbinary, particularly when traveling internationally, and the risk of discrimination, harassment, or violence.
The President’s policy “stems from irrational bias against transgender Americans,
thus violating our Nation’s constitutional vow of equal protection for all citizens.”
Judge Kobick, appointed by President Biden, agreed with the ACLU’s arguments, finding that the executive order and passport policy “on their face classify passport applicants on the basis of sex and thus must be reviewed under intermediate judicial scrutiny.”
She concluded, “The government has failed to meet this standard,” and further stated that the policy “stems from irrational bias against transgender Americans, thus violating our Nation’s constitutional vow of equal protection for all citizens.”
The judge’s order requires the State Department to allow six of the plaintiffs to obtain passports that accurately reflect their gender identity.
The ruling also criticized the State Department’s failure to follow proper rulemaking procedures under the Administrative Procedure Act, noting the policy change was made without public notice or comment.
While the injunction currently applies only to these individuals, the plaintiffs and their attorneys plan to seek nationwide relief to protect all transgender and nonbinary Americans from the discriminatory policy. Judge Kobick found the policy “arbitrary and capricious,” compounding its constitutional flaws.
Civil rights advocates and the ACLU celebrated the decision as a crucial victory for equality and dignity.
“We will do everything possible to extend this order to everyone impacted by the administration’s misguided policy so we all have the freedom to express our true selves,” said Li Nowlin-Sohl, an ACLU attorney. The decision was also praised for affirming the right of trans and nonbinary people to accurate identification, which is essential for safe travel, employment, and access to services.
The Trump administration’s position, which aligns with a narrow and controversial definition of sex, stands in stark contrast to the views of major medical organizations and the inclusive policies of the previous administration.
The court’s decision underscores the judiciary’s role in upholding constitutional protections against discrimination and ensuring that government policies respect the rights of all Americans.
As the lawsuit continues, advocates remain hopeful that the preliminary injunction will soon be extended nationwide, securing passport equality for the entire transgender and nonbinary community.
#TransRights #ACLU #PassportEquality #LGBTQ #CivilRights #TransJustice #StopDiscrimination #FederalCourt #EqualityForAll #GenderIdentity
Tags: transgender rights, Trump administration, passport policy, federal court,
ACLU, X gender, civil rights, Judge Julia Kobick, discrimination, gender marker,
LGBTQ, equal protection, executive order, Administrative Procedure Act
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