What trans and nonbinary people need to know about updating their passports and birth certificates
Transgender and nonbinary people have won the right to change their gender marker on their U.S. passports but only for now. Secretary of State Marco Rubio announced in January that his department would no longer process passport applications that sought the X gender marker and would not allow those renewing passports to change their gender marker, in keeping with Donald Trumps executive order denying the existence of trans people. Several trans and nonbinary people filed a lawsuit against the policy, known as Orr v. Trump, with the assistance of the American Civil Liberties Union. U.S. District Court Judge Julia Kobick issued a preliminary injunction blocking the rule in April, saying it can't be enforced against the plaintiffs while their lawsuit proceeds. She then expanded the injunction in June by granting class certification to almost all trans and nonbinary Americans, allowing them to update their passports. This decision is a critical victory against discrimination and for equal justice under the law, Li Nowlin-Sohl, Senior Staff Attorney for the ACLUs LGBTQ & HIV Project, said in a statement. 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.Here's everything you need to know if you're trying to change the gender marker on your passport or other federal documents. Can trans people renew their passports?Trans people are able to update their passports with the sex marker that aligns with their gender identity as of June 17 after a judge blocked the Trump Administration's policy prohibiting it. The State Department requires that those requesting a gender change complete an attestation form and submit it with their application to prove they are part of the class impacted by the ruling. Applicants do not need to formally join the class, and are protected under the decision if they are seeking an X designation, or seeking a male or female designator that differs from their sex assigned at birth and have been diagnosed with gender dysphoria, according to the American Civil Liberties Union.The ruling covers those who have applied or would have applied if not for the policy if they do not have a currently valid passport, need to renew their passport because it expires within one year, need to update their sex designation or legal name, or those whose passport was lost, stolen, or damaged. Additional instructions can be found here.When should trans people update their passports?Those seeking to update the gender marker on their passport should submit their application immediately. Passports take approximately four to six weeks on average to process, per the State Department, and while the Trump Administration's policy is currently blocked by a court order, legal organizations stress that the ruling could be reversed on appeal as the case proceeds.Lambda Legal warns, "Be aware: the government may appeal, and if a higher court pauses this ruling, the restrictive policy could return immediately. Even pending applications could be affected."Should trans people update their birth certificates?Trans people legally changing their name must update their birth certificate so that it matches other documents. However, the gender on someone's birth certificate does not have to match other documents such as passports, per the ACLU, meaning federal identification that does not align with one's sex assigned at birth is still valid even in states that have banned gender marker changes.Those who are able to should still update their gender on their birth certificate so that it contains the most accurate information. The process for updating birth certificates varies by state, and must be done through the state you were born in not the state you currently live in. What states allow gender changes on birth certificates?Eight states currently do not allow gender markers on birth certificates to be changed: Florida, Iowa, Indiana, Kansas Montana, Oklahoma, Tennessee, and Texas. An additional eight require both a court order and proof of surgery, making a legal gender change hard to obtain.Birth certificates can be updated in every other state, though the process varies. 16 states and Washington, D.C. allow residents to mark M, F, or X on their birth certificates: California, Colorado, Connecticut, Illinois, Maine, Massachusetts, Michigan, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, and Washington, according to the Movement Advancement Project. Can trans people update their sex with Social Security?The Social Security Administration issued guidance in January prohibiting people from making changes to their sex designation. However, Social Security cards only list name and number not sex. The SSA does keep records on the date of birth and sex of each person who has a Social Security card, but trans people can still update other forms of identification even if their gender marker doesn't match the SSA's, as Advocates for Trans Equality outlines.