District judge blocks Trump admin policy enforcing two gender rule on US passports
In a recent ruling, Biden-appointed U.S. Judge Julia Kobick has temporarily blocked the Trump administration’s move to only allow two genders, male and female, on U.S. passports. This decision comes after an executive order signed by President Donald Trump, which stated that the U.S. only recognizes two genders and eliminated the option for an “X” designation on passport applications.
The Department of State had also suspended a policy that allowed individuals to identify as the opposite sex or as intersex or nonbinary. This move was widely criticized by media outlets as targeting transgender people. In April, Kobick ruled to block the policy for six individuals who sued the administration over it. Her latest ruling extends this temporary suspension to all Americans.
In her ruling, Kobick stated that the policy discriminates on the basis of sex and is “arbitrary and capricious,” rooted in irrational prejudice towards transgender Americans. She emphasized that transgender and non-binary individuals who possess passports with sex markers that conflict with their gender identity are more likely to experience psychological distress, harassment, discrimination, and violence. Obtaining gender-concordant identity documents is crucial for treating gender dysphoria.
The judge highlighted that the policy would force transgender individuals to out themselves every time they presented their passports, leading to anxiety, psychological distress, and fear for their safety. Trump’s executive order, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” directed agencies to recognize only two sexes, male and female, as unchangeable and grounded in reality.
Despite the government’s argument that the policies serve an important government interest, Kobick found that they fail to demonstrate a substantial relationship to that interest. Trump’s order argues that efforts to erase sex from language and policy harm women by depriving them of dignity, safety, and well-being. It emphasizes the importance of basing federal policy on truth for scientific inquiry, public safety, morale, and trust in government.
In conclusion, Kobick’s ruling serves as a temporary setback for the Trump administration’s policy on gender designation in passports. The ongoing legal battle highlights the complex and contentious nature of gender identity issues in the United States. It remains to be seen how the case will unfold in the coming months.
