In a significant ruling , Judge Julia E. Kobick of the federal district court (District of Massachusetts) recently issued a preliminary injunction, halting the US State Department's enforcement of a US passport policy that exclusively recognized an individual's gender assigned at birth. This decision also granted class certification, extending the benefits of the injunction to a broader group of individuals.
The lawsuit filed by a group of individuals on February 7, 2025, previously saw a limited injunction on April 18, 2025, benefiting only the plaintiffs. The expanded order, however, recognizes a class of individuals who do not identify with their birth-assigned gender. This includes those without a valid passport, those needing to renew within a year, individuals requiring passport changes to align with their gender identity or a name change, or those applying for a new passport due to loss, theft, or damage.
The preliminary injunction specifically blocks the State Department from enforcing the passport policy developed under President Trump’s January 20, 2025, Executive Order 14168, titled ‘Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government’. The court has ordered the State Department to process and issue passports to affected individuals consistent with the policy in effect on January 19, 2025, which permitted applicants to select an ‘M’ (Male), ‘F’ (Female), or ‘X’ (non-binary) marker reflecting their gender identity.
To verify class membership, the State Department may require applicants to affirm certain conditions on their passport application, including a confirmation that their gender identity differs from their sex assigned at birth or that they have been diagnosed with gender dysphoria, alongside the reason for their passport application.
This ruling means US citizens who do not identify with their gender assigned at birth can now apply for and receive passports that accurately reflect their gender identity. However, the Trump Administration is widely expected to appeal this injunction and may seek an emergency stay.
Lubna Kably is a senior editor, who focuses on various policies a...
Read MoreLubna Kably is a senior editor, who focuses on various policies and legislation. In particular, she writes extensively on immigration and tax policies. The Indian diaspora is the largest in the world; through her articles she demystifies the immigration-policy related developments in select countries for outbound students, job aspirants and employees. She also analyses the impact of Income-tax and GST related developments for individuals and business entities.
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