A federal judge has blocked a Trump administration policy prohibiting the use of the 'X' marker on passports, as well as updates to sex designations.
The ACLU sued the Trump administration over the policy on behalf of five transgender Americans and two nonbinary plaintiffs. ACLU attorney Sruti Swaminathan said the policy would harm transgender, nonbinary and intersex Americans by inhibiting them from getting an accurate passport.
“This ruling is a victory for our clients and sends a positive message to transgender, nonbinary and intersex Americans across the country," Swaninathan said.
U.S District Court Judge Julia Kobick temporarily blocked the Trump administration from adopting the policy that only recognizes people by their sex at birth. On Friday, the judge ordered the State Department to issue passports to six of seven transgender and nonbinary plaintiffs while their lawsuit plays out in court.
The judge's decision was based on findings that the policy is likely unconstitutional and violates the Administrative Procedure Act.
“The Executive Order and the Passport Policy on their face classify passport applicants on the basis of sex and thus must be reviewed under intermediate judicial scrutiny,” Kobick wrote. “That standard requires the government to demonstrate that its actions are substantially related to an important governmental interest. The government has failed to meet this standard.”
While the court order applies only to six of the plaintiffs in the case, the ACLU says it plans to seek a class certification to extend the preliminary injunction to the broader group of individuals affected by the State Department policy.
"We will continue to challenge this unlawful policy until relief is accessible to everyone harmed by this administration’s efforts to drive transgender people out of public life," Swaminathan said.
Executive Director of Maine TransNet Bre Danvers-Kidman said while they view this ruling as a win, many transgender Americans still face uncertainty.
"Most transgender Americans remain in a dangerous and disturbing gray area, without clear information on how to obtain accurate identifying documents, at a time when the federal government is insisting it has the right to deport people without due process of law," Danvers-Kidman said. "If trans people who were born in the US can suddenly lose our ability to prove our identity, I would argue every person in the United States should be very concerned about the processes being used to verify identity in our country."
Maine is one of 22 states that allow a person to select X as their gender marker or change their sex designation on state IDs like drivers licenses, which remains state law.
