The ACLU has issued updated guidance to trans, nonbinary, and intersex people who want passports that accurately reflect their gender identity. Their advice? Get your passport updated now. Related Federal judge blocks Marco Rubios anti-trans passport rule The ruling will allow trans people to get accurate passports as the case proceeds. Following the presidents two sexes executive order in January, the ACLU filed a federal lawsuit challenging the State Departments refusal to issue passports with accurate sex designations on behalf of seven transgender, nonbinary, and intersex people. Never Miss a Beat Subscribe to our newsletter to stay ahead of the latest LGBTQ+ political news and insights. Subscribe to our Newsletter today On June 17, a district court in Massachusetts granted plaintiffs motions for class certification and a preliminary injunction. The injunction allows transgender, nonbinary, and intersex people to receive passports with accurate gender markers while the litigation is pending.But it was unclear for weeks whether the State Department would comply.On June 25, the ACLU returned to court with a motion to enforce the injunction, saying the State Department was slow-walking compliance, despite the fact that it had implemented the executive order banning X markers within just days of its issuance.The ACLU provided evidence from five people who applied for passports in that time, alleging State Department officials told them they would not comply with the injunction until instructed to by the administration. One officerallegedly told a plaintiff, We dont answer to courts. We answer to the State Department.After that motion was granted, the administration protested with a motion to vacate, claiming that the government worked as quickly as possible to develop and implement a process that complied with the court order. True or not, the State Department is now complying.On July 2, the government finally released a newattestation formthat includes an X marker designation. Our pressure worked: The State Department has finally issued guidance for how individuals can proceed after a federal judge blocked President Trump's anti-trans passport policy.If you or your loved ones are affected by this policy, we're here with more information. ACLU (@aclu.org) 2025-07-07T15:58:57.885ZThe ACLU provided a thorough FAQ addressing exactly how to apply for a new passport with the applicants proper gender marker, as well as for those seeking to update passports or to correct passports issued in the interregnum after Trumps order and before compliance with the injunction pausing it.The FAQ notes that a corrected birth certificate isnt required to make a change, as the court order requires class members, defined as any trans, nonbinary, or intersex person who now needs or will need a new or updated passport, to be allowed to self-select their marker regardless of prior documentation.But with the administration continuing its crusade to erase trans and nonbinary identity from the federal government, the window to make a change could close at any time.If the State Department convinces the courts to stay the current injunction, this order is essentially put on hold, the ACLU warned. We encourage class members to follow the instructions on the State Departments website to access that relief as soon as possible.Subscribe to theLGBTQ Nation newsletterand be the first to know about the latest headlines shaping LGBTQ+ communities worldwide.