Passport Updates as of 7.3.25

• Updates as a result of the preliminary injunction issued on 6.17.25 due to the ACLU case Orr v. Trump.

  • On June 17th, the U.S. District Court of Massachusetts ordered that the State Department must allow people with a gender identity different from their sex assigned at birth to self-select the sex designation on their passport while the ACLU’s Orr v. Trump case proceeds

  • As of July 2, 2025, the State Department is complying with the preliminary injunction order.

  • The court certified two classes: the M/F Designation Class and the X Designation Class.

  • The M/F Designation Class includes all individuals:

    • Whose gender identity is different from their sex assigned at birth and/or who have been diagnosed with gender dysphoria and

    • Who have applied (or would have applied if not for the Trump Administration’s passport policy) for a U.S. passport with an “M” or “F” designation that is different from their sex assigned at birth.

    The X Designation Class includes all individuals:

    • Whose gender identity is different from their sex assigned at birth and

    • Who have applied (or would have applied if not for the Trump Administration’s passport policy) for a U.S. passport with an “X” designation.

    You can apply for a passport with a sex marker consistent with your gender identity if:

    1. You are part of the M/F Designation Class or the X Designation Class and

    2. You either:

    1. Do not have a currently valid passport;

    2. Need to renew your passport because it expires within one year;

    3. Need to change your passport to correct your sex designation or reflect a name change; or

    4. Need to apply for another passport because your passport was lost, stolen, or damaged.

  • If you are a class member, you are eligible to receive a passport with your “sex marker” of choice (M, F, or X) if:

    • You do not have a valid passport,

    • You need to renew your current passport before it expires within one year,

    • You need to change your passport, so the sex printed on the passport matches your selected gender identity, or to reflect a name change, or

    • You need to apply for a new passport because your current passport is lost, stolen, or damaged.

  • By submitting a completed attestation with your passport application, you are identifying yourself as a class member and letting the State Department know what “sex marker” you want in your passport. If they receive an application without an attestation and determine you may be a class member, they will send you a letter requesting the attestation. You must submit the attestation within 90 days.

    • You must complete a paper copy of the passport application and cannot use the form filler on the State Department website.

    • If you are selecting M or F, select it on the attestation form and application. If you are selecting X, leave the sex field blank on your application and select it on the attestation.

    • All the forms can be downloaded on the State Department website.