The U.S. District Court for the District of Massachusetts has certified two nationwide classes of transgender and non-binary individuals and issued a preliminary injunction blocking the State Department from enforcing a new policy that restricts passport sex markers to those assigned at birth.
The case, Orr v. Trump, centers on changes implemented by the State Department following President Trump’s Executive Order 14168, which mandated that all federal documents, including passports, reflect only a person’s sex assigned at birth, eliminating the option for applicants to self-select a gender marker or to use the non-binary “X” designation. Previously, applicants could choose “M,” “F,” or “X” markers in alignment with their gender identity, regardless of sex assigned at birth.
A group of plaintiffs, all transgender or non-binary, challenged the new policy, arguing it violated their constitutional rights and the Administrative Procedure Act. On June 17, 2025, Judge Julia Kobick certified two classes:
- M/F Designation Class: All people whose gender identity differs from their sex assigned at birth (or who have been diagnosed with gender dysphoria) and who have applied, or would apply, for a passport with an “M” or “F” marker different from their sex assigned at birth.
- X Designation Class: All people whose gender identity differs from their sex assigned at birth and who have applied, or would apply, for a passport with an “X” designation.
Excluded from these classes are the plaintiffs in a parallel Maryland case and any presiding judges.
Judge Kobick found that the plaintiffs are likely to succeed on their claims that the policy constitutes sex-based discrimination and is rooted in prejudice toward transgender Americans. The court also determined that the policy is arbitrary, capricious, and was implemented without proper procedure.
Expert testimony and affidavits demonstrated that forcing transgender and non-binary individuals to use passports that do not match their gender identity causes significant psychological distress, increases the risk of harassment and violence, and interferes with medical care for gender dysphoria. The court noted that these harms are irreparable and cannot be remedied by monetary damages or later legal action.
The preliminary injunction, previously granted to six original plaintiffs, is now extended to all class members who:
- Lack a currently valid passport,
- Need to renew a passport expiring within a year,
- Need to update a passport for a name or gender marker change,
- Or need a replacement for a lost, stolen, or damaged passport.
The State Department must issue passports to these individuals consistent with their gender identity, not their sex assigned at birth, pending the outcome of the case.
