""The lower courts have made abundantly clear how discriminatory and baseless the State Department's new policy is and the harm it poses for hundreds of thousands of people like our clients," said Li Nowlin-Sohl, Staff Attorney for the ACLU's LGBTQ & HIV Project. "People across the country depend on identity documents that accurately reflect their identity-who they are in their workplaces, their schools, and their communities. The administration's attempts to deny that right to transgender, nonbinary, and intersex people has no basis in law or policy, and we'll continue to fight this policy until it is permanently de"
"The directive gave the State Department the green light to change its policies so that passports could only be issued if they "accurately reflect the holder's sex"."
On June 17, Judge Julia Kobick expanded a preliminary injunction blocking enforcement of a new policy that would prevent passports showing correct gender markers for transgender and non-binary people. Orr v. Trump, filed in February 2025 by the American Civil Liberties Union on behalf of several plaintiffs, received class action status so all affected individuals nationwide are included. The expansion required the State Department to resume issuing passports with accurate gender markers. The directive followed an executive order by President Trump limiting passports to markers that "accurately reflect the holder's sex." Attorneys asked the Supreme Court on October 6 to reject the administration's request to stay the injunction.
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