The U.S. State Department has suspended all passport applications seeking to change a sex marker or request an “X” designation, following a directive from Secretary of State Marco Rubio.
The decision, outlined in a memo reviewed by NBC News, aligns with an executive order issued by President Donald Trump just hours after his inauguration, reinforcing the federal government’s recognition of only two biological sexes—male and female.
New Policy: No More ‘X’ Markers on Passports
The executive order states that U.S. government identification documents must reflect an individual’s “immutable biological classification” and use the term “sex” rather than “gender.”
This reverses policies from the Biden administration, which allowed transgender individuals to update their passport sex markers without medical documentation and permitted the use of “X” markers for nonbinary and intersex individuals.
Rubio’s memo explicitly directs State Department employees to:
✔ Suspend all applications requesting an “X” marker or a sex marker change
✔ Halt processing of these applications until further guidance is issued
✔ Refrain from taking any further action on pending requests
Additionally, the policy extends to birth records for children born abroad, meaning U.S. citizens who previously had an “X” marker on their official documents will no longer have that option available.
While the State Department has confirmed the suspension, it has not yet clarified whether existing passports with an “X” marker remain valid for travel. Officials say further updates will be shared on the department’s website in the coming days.
Concerns Over Confusion and Fear Among Affected Individuals
The sudden change has left many transgender and nonbinary individuals in limbo, especially those with passport renewal applications in progress.
Social media platforms have been flooded with concerns from people uncertain about their travel rights or whether their updated documents will ever be issued.
One mother, Amy, who has a transgender son, described the situation as “devastating.” She had recently submitted an application to update her son’s passport sex marker, only to learn about the policy shift after it had already been delivered to the processing center.
“We put these forms in so that everyone in our family would have a valid passport, because that suddenly seemed very necessary,” Amy told NBC News.
“We didn’t know if we would need to leave the country to get medical care. For our son’s valid passport to now be held, with no indication of when we might get it back, feels terrifying.”
Her fears highlight growing concerns within the LGBTQ+ community, particularly as state laws restricting gender-affirming healthcare for minors continue to evolve.
State Department Removes Gender Identity Resources
The executive order also led to the removal of a key webpage from the State Department’s website. Previously titled “Selecting Your Gender Marker,” the page had explained the process for updating passport markers and had advised nonbinary travelers that some countries may not recognize the ‘X’ designation.
That page now redirects to a general passport information page with no mention of gender marker options.
Reversing Biden-Era Policies on Gender Recognition
The new policy dismantles two landmark changes introduced by the Biden administration:
1️⃣ The ability for transgender individuals to change their passport sex marker without medical documentation
2️⃣ The option for nonbinary, intersex, and gender-nonconforming individuals to select an “X” marker
The Biden administration had framed these changes as part of a broader push for inclusivity, stating on the now-removed webpage:
“We promote the freedom, dignity, and equality of all people — including LGBTQI+ individuals.”
Trump’s executive order directly contradicts this stance, instead declaring that the U.S. government will only recognize two sexes, male and female, and that they are ‘not changeable.’
What’s Next?
As affected individuals scramble for answers, the State Department has yet to provide clarity on key issues, including:
❓ Will passports already issued with an “X” remain valid?
❓ What happens to pending applications for gender marker changes?
❓ Will affected individuals need to reapply under the new policy?
While officials have promised updates, the uncertainty is already causing widespread anxiety, particularly among those who may need to travel for medical care, safety reasons, or legal purposes.
As the political landscape shifts, it remains unclear whether this policy will face legal challenges or whether future administrations will attempt to reverse it once again. For now, however, passport applicants must adhere to the new policy, with gender marker changes and nonbinary designations no longer an option under federal law.
What are your thoughts on this policy shift? Do you think it will hold up legally, or is it likely to face challenges in court?
