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Federal judge blocks Marco Rubios anti-trans passport rule
A federal judge has issued an injunction in the Orr v. Trump lawsuit that blocks the Trump administration from limiting passport gender marker changes for transgender and nonbinary Americans.The lawsuit began in early February, shortly after the State Department began enforcing a rule requiring that gender markers on passports reflect a persons sex assigned at birth, in compliance with an executive order issued the day Donald Trump took office earlier this year. The executive order demanded that all federal agencies deny the existence of transgender people. Related Marco Rubio removes LGBTQ+ people & women from annual human rights report He also removed sections on people with disabilities and government corruption. The ACLU filed the lawsuit on behalf of their plaintiffs, including social media influencer Zaya Perysian and Ash Orr of Advocates for Trans Equality, who the case is named after. Never Miss a Beat Subscribe to our newsletter to stay ahead of the latest LGBTQ+ political news and insights. Subscribe to our Newsletter today The ACLU claims that the decisions by both defendants contradict the 2020 Supreme Court decision inBostock v. Clayton County,which declared anti-trans job discrimination as a form of sex-based discrimination forbidden by Title VII, because its impossible to discriminate against transgender people without taking sex into account. The ACLU claims that the decision violates their clients First Amendment rights by imposing the presidents ideological beliefs on citizens, the Equal Protection Clause by discriminating against their clients based on sex, and the Administrative Procedures Act by failing to provide advance notice about important changes to government forms.In late April, the judge in this lawsuit ruled that Trumps executive order is likely unconstitutional and ordered the State Department to issue passports with accurate gender markers to each of the individual plaintiffs. Tuesdays ruling from Judge Julia Kobick grants class certification in the lawsuit challenging Rubios anti-trans policy. The Biden-appointed judge also expanded the preliminary injunction to the whole class, meaning the State Department is forbidden from enforcing the policy and will have to issue passports with the correct gender markers for trans people and an X gender marker for nonbinary people who apply for it.This decision is a critical victory against discrimination and for equal justice under the law, said Li Nowlin-Sohl of the ACLUs LGBTQ & HIV Project. But its also a historic win in the fight against this administrations efforts to drive transgender people out of public life. The State Departments policy is a baseless barrier for transgender, nonbinary, and intersex Americans and denies them the dignity we all deserve. We encourage all class members impacted by this policy to take advantage of this injunctive relief, and we will do everything we can to block this policy permanently.Jessie Rossman, legal director at the ACLU of Massachusetts, said: This decision acknowledges the immediate and profound negative impact that the Trump administrations passport policy has on the ability of people across the country to travel for work, school, and family, she continued The Trump administrations passport policy attacks the foundations of the right to privacy and the freedom for all people to live their lives safely and with dignity. We will continue to fight to stop this unlawful policy once and for all.Though this case is still ongoing, the preliminary injunction gives many transgender, nonbinary, and gender nonconforming people an opportunity to apply for an accurate passport.Subscribe to theLGBTQ Nation newsletterand be the first to know about the latest headlines shaping LGBTQ+ communities worldwide.
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