Existing passports wont be affected by Donald Trumps anti-trans order, White House claims
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The White House says President Donald Trumps anti-trans executive order will not affect transgender and nonbinary Americans existing passports.Among the flurry of executive orders signed by Trump on Inauguration Day was one that declared that the U.S. would only recognize two sexes, male and female. As part of the order, federal agencies are directed to use the term sex rather than gender and to only issue government documents, including passports, that reflect a persons sex assigned at birth. Related Donald Trump signs executive order rolling back many transgender rights & protections The order instructs the government to stop issuing documents reflecting trans peoples gender identity. Earlier this week, the White House told the Allbritton Journalism Institutes NOTUS that Trumps executive order would not invalidate previously issued passports that reflect trans peoples gender or passports bearing the gender marker X. But White House Press Secretary Karoline Leavitt said when those existing documents are renewed, they will have to reflect the holders sex assigned at birth. Insights for the LGBTQ+ community Subscribe to our briefing for insights into how politics impacts the LGBTQ+ community and more. Subscribe to our Newsletter today Trans and nonbinary people can still apply to renew their passport they just have to use their God-given sex, which was decided at birth, Leavitt told NOTUS. Thanks to President Trump, it is now the official policy of the federal government that there are only two sexes male and female.Since 2021, transgender Americans have been able to correct the gender marker on their passports without having to provide medical certification of their gender identity. That same year, then-Secretary of State Anthony Blinken announced that the U.S. State Department would allow people to choose the nonspecific X as their gender marker to better reflect the gender identity of non-binary, intersex, and gender non-conforming persons.The first U.S. passport bearing an X gender marker was issued in October 2021. It followed a 2019 ruling by a federal judge saying that the U.S. had to issue a passport to Dana Zzyym who is intersex and non-binary without an M or F gender marker. The X marker became a part of the routine U.S. passport application process the following year. Trumps executive order is scheduled to go into effect within 30 days. According to NOTUS, LGBTQ+ rights advocates expect Trumps executive order to be challenged in court. In a statement, Human Rights Campaign (HRC) President Kelley Robinson said the organization would fight back against these harmful provisions with everything weve got.Were going to look at what they actually do and when peoples rights are actually affected, then there will be lawsuits, Lambda Legal chief legal officer Jennifer Pizer told NOTUS.Sarah Warbelow, HRCs vice president of legal, noted that federal courts have repeatedly rejected arguments from U.S. states that wanted to deny trans and nonbinary people the right to update their gender on government documents.In most of the circumstances, the federal courts have ruled that it is a violation of the 14th Amendment to deny a transgender person the ability to update their gender markers, Warbelow said. So theres definitely precedent on this, besides the Dana Zzyym case.Subscribe to theLGBTQ Nation newsletterand be the first to know about the latest headlines shaping LGBTQ+ communities worldwide.
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