Navigating U.S. Gender Policy Changes in Travel for LGBTQIA Individuals (Updated June 2025)

Navigating U.S. Gender Policy Changes in Travel for LGBTQIA Individuals (Updated June 2025)

In light of the federal judge’s ruling and the issuance of a nationwide injunction, we believed we needed to update our prior articles on US Gender Policy changes.

Overview of the New Ruling
On June 17, 2025, U.S. District Judge Julia Kobick (D. Massachusetts) issued a nationwide preliminary injunction in Orr v. Trump. The ruling blocks enforcement of the Trump administration’s January executive order (EO 14168) that had restricted U.S. passports to only "M" or "F" markers based on sex at birth. It immediately restores the ability for transgender, nonbinary, and intersex individuals to obtain passports with gender markers that align with their identity—or to choose the nonbinary “X” designation—if they are:

• Applying for a new passport
  
  
• Renewing one expiring within a year
  
  
• Replacing a lost, stolen, or damaged passport
  
  
• Updating their name or gender marker
  
  

Judge Kobick found that the policy likely violates constitutional equal protection rights and was rooted in discrimination. The order applies to class-certified groups, covering all affected individuals nationwide.

What This Means for Travelers

• Trans/nonbinary/intersex people currently in the four eligible categories can immediately select “M,” “F,” or “X” on passport applications.
  
  
• Those whose valid passports include “X” or reflect their gender identity remain unaffected; only expired or new applications are addressed.
  
  
• The injunction remains temporary, pending final resolution of the lawsuit, and may be appealed.
  
  

Why It Matters

• Restores agency for trans travelers: gender-accurate documentation is vital for identity consistency, safety, and avoiding misgendering or detainment abroad.
  
  
• Legal precedence: this marks a significant federal pushback against a federal policy that discriminated on the basis of gender identity.
  
  
• International effect: countries that had issued US travel advisories (e.g., Denmark, Finland, Germany) may reassess guidelines for U.S. travel documents.
  
  

What Travelers Should Do

• If eligible: apply now to obtain an updated passport with the correct M/F/X designation.
  
  
• If unsure: consult an LGBTQIA–focused legal/immigration expert. The ACLU advises those facing travel needs soon to act swiftly but cautiously.
  
  
• Stay aware: this is a preliminary measure. Watch for appeals or a permanent ruling expected later this year.
  
  

Note on Broader Gender Policy Rollbacks
This injunction doesn't reverse other Trump-era changes, such as removal of trans guidance from State Department travel advisories or federal rollbacks in education, health care, and workplace protections. Travelers should continue to monitor local laws and entry requirements worldwide (e.g., countries that don't recognize “X” passports) .

Key Takeaway

Qualified individuals can immediately regain the right to passport markers that align with their gender identity. It's a crucial update that should be added to any guidance on travel for trans, nonbinary, and intersex U.S. travelers—restoring access to accurate, self-determined identity documentation while the legal process continues.

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