The Trump administration is removing "X" as an available gender option for U.S. passport holders, though what that means for current passport holders with that designation is not clear.
The removal was part of a flurry of first-day executive orders from President Donald Trump, part of a broader order titled "Defending Women from Gender Ideology and Restoring Biological Truth to the Federal Government." Among its provisions is "to require that government-issued identification documents, including passports, visas and Global Entry cards, accurately reflect the holder's sex," which the order defines as restricted to male and female only.
The U.S. in 2022 added "X" as a third gender option to its passport application for applicants who are non-binary, intersex and/or non-gender conforming, and it has been added to other government travel programs as well, including the U.S. Transportation Security Administration's PreCheck program.
The executive order does not provide specific information on how the changes will be implemented, nor how they will affect current passport holders with "X" gender designations and those who have currently have active applications, said Paul D. Castillo, deputy legal director for LGBTQ+ civil rights organization Lambda Legal. As of Jan. 21, "X" remained an option on the U.S. State Department's online passport application form.
Business Travel News reached out to the State Department for clarification, but a press spokesperson was unable to provide additional guidance.
Brandon Wolf, spokesperson for the LGBTQ+ civil rights organization the Human Rights Campaign, said that validly issued passports currently cannot be rescinded under "regulatory safeguards," but "it is unclear whether the State Department will ultimately retain these safeguards in implementing this directive."
"Broadly, this executive order means that additional rules will need to be promulgated, or significant administrative guidance will need to be issued," Wolf added.
Castillo was lead counsel to Dana Zzyym, an intersex and nonbinary U.S. Navy veteran who in 2021 received the first U.S. passport with X as the gender designation following a six-year legal battle. He said Lambda Legal will provide more information about what the order means for the LGBTQ+ community once it gets more clarity and formulates its own plan moving forward.
"We continue to monitor the situation," Castillo said. "Particularly those people who have active applications, we encourage those individuals to contact Lambda Legal's help desk."
Currently, 17 countries legally recognize non-binary or third gender identities, according to Equaldex. The U.S. was not included among those following Monday's executive order.
Source: Business Travel News