The American Civil Liberties Union (ACLU) filed a lawsuit against the Trump administration in the federal US District Court for Massachusetts on Friday, claiming that an executive order to prevent transgender, intersex and nonbinary individuals from obtaining passports that reflect their gender identity is unconstitutional. The lawsuit was filed on behalf of seven plaintiffs who have either had their passport applications denied or fear that their gender identity will be forcibly misrepresented on official documents.
The lawsuit claims that since “passports are critical documents for international travel,” incorrect designations can cause serious psychological harm, denial of entry, physical violence, or even arrest in some countries.
The lawsuit alleges that the order violates the Equal Protection Clause of the 14th Amendment by discriminating against transgender, intersex, and nonbinary individuals. Additionally, the ACLU argues that the order violates the Due Process clause of the Fifth Amendment, as the order infringes on individuals’ privacy rights and personal autonomy by forcing transgender people to carry documents that misrepresent their identity. The suit also claims that the order violates First Amendment rights, by compelling individuals to carry identification that misrepresents their identity. Finally, the suit claims that the order violates the Administrative Procedure Act as the State Department failed to follow proper procedures, such as providing public notice and a comment period before implementing the order.
The lawsuit further details the significant harm the policy has caused to transgender and nonbinary individuals. One plaintiff, Zaya Perysian, a transgender woman from California, applied for a passport update in January 2025. She received a passport with a male designation despite having legally updated her other forms of identification. She was informed that her application had been “corrected” to match federal records. The lawsuit claims that this prevents her from traveling internationally without facing potential scrutiny and discrimination. Another plaintiff, Ashton Orr, a transgender man from West Virginia, submitted his passport renewal request with an updated male designation. His application has been stalled, which the lawsuit claims impedes his ability to travel for medical care scheduled abroad.
On January 20, 2025, the Trump administration issued Executive Order 14168, which mandated that all federal identification documents, including passports, must reflect a person’s sex at conception rather than their gender identity. The order directed the Department of State to halt processing applications in which individuals sought to change their gender marker, or use an “X” designation for nonbinary identities.
This marked a reversal of prior policy, which, since 2010, had allowed people to change the sex marker on their passports to align with their gender identity. In 2021, the policy was expanded to include a third gender option (“X”) for nonbinary individuals. The new order eliminates this option as it requires all applicants to be classified strictly as male or female based on the executive order’s biological definitions.
This lawsuit comes amid a broader legal battle over transgender rights, as the ACLU has recently filed a separate federal lawsuit against an executive order withholding federal funds from providers offering gender-affirming care to minors.
