Boston’s U.S. District Court Judge Julia Kobick issued a preliminary injunction that blocked the enforcement of six of seven trans and non-binary people, who raised questions about the U.S. State Department’s policies in the direction of Republican President Donald Trump.
Kobeck said the passport policy and relevant executive order signed by Trump that guides gender-based changes and goes from “hostility” to transgender Americans, violating the principle of equal protection protected by the Fifth Amendment of the U.S. Constitution.
“The executive order and passport policy are based on irrational bias against trans Americans and thus offend our nation’s constitutional commitment to equal protection for all Americans,” Kobeck wrote.
Although Kobeck ordered the State Department to allow six plaintiffs to change their gender names on their passports or list them as “X”, she said they did not explain why they are entitled to orders to block the policy nationwide.
The State Council did not respond to a request for comment. The American Civil Liberties Union, which represents the plaintiff, did not immediately comment. The case, one of several national cases related to an executive order signed by Trump, directed the administration to recognize only two biologically distinct men and women after returning to office on January 20. The order also directs the State Council to change its policies to issue only passports that “accurately reflect the gender of the holder.”
The State Council soon changed its passport policy to “requiring the biological gender of the applicant at birth” instead of allowing applicants to self-identify their gender, but only allowing them to be classified as male or female.
Kobick, the appointment of Trump’s Democratic former Joe Biden, said the policy reflects more than 30 years of practice in the state department, allowing people to update their gender names on their passports.
In 2022, the Biden Administration allows passport applicants to select “X” as a neutral gender mark in their passport application and are able to choose a self-selected “M” or “F” for men or women.
