In a strong show of support for transgender and non-binary Americans, Washington State has joined a coalition of 12 states opposing the Trump administration’s proposed changes to the U.S. passport application process—changes that could prevent individuals from obtaining documents that reflect their true gender identity.
Washington Attorney General Nick Brown, alongside attorneys general from California, Connecticut, Hawaii, Illinois, Massachusetts, Minnesota, Nevada, New Jersey, New York, Oregon, and Vermont, submitted a formal letter to the U.S. Department of State condemning the proposed policy shift.
“These discriminatory rules would add confusion and costs for taxpayers merely to satisfy the president’s fixation on dehumanizing an entire class of people,” said Brown.
The proposed changes stem from President Donald Trump’s January 20 executive order—issued just one day after taking office—stating that the federal government will only recognize two sexes: male and female. The order, titled “Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government,” instructs agencies like the State Department and Department of Homeland Security to update all government-issued identification—including passports, visas, and Global Entry cards—to match a person’s “biological sex.”
For many transgender, non-binary, and intersex individuals, this policy is more than bureaucratic overreach—it’s a direct threat to their safety, dignity, and freedom to travel.
Reversing Decades of Progress
For years, the U.S. government has gradually improved how it handles gender on identification documents. Under the Obama and Biden administrations, individuals could update the gender marker on their passport without undergoing surgery or submitting medical documentation. In 2022, the Biden administration even introduced the “X” gender marker option, allowing non-binary and intersex people a long-awaited validation of their identity.
Now, the Trump administration’s efforts threaten to undo all of that progress.
Connecticut Attorney General William Tong echoed these concerns: “This is yet another rash proclamation from a president with zero consideration for the real hurt it will inflict on American people and the chaos it will cause.”
Tong added, “A passport is for travel identification. It’s not something for the government to muck around with to score political points at the expense of people just trying to live their lives.”
The attorneys general argue that forcing individuals to carry a passport that misgenders them can result in discrimination, harassment, travel delays, and serious mental health consequences. It can even place trans people in physical danger—particularly when traveling internationally to countries with anti-LGBTQ+ laws.
State and Federal Conflicts
At least 16 states, including Washington, currently allow transgender and non-binary residents to update the gender marker on their birth certificates and other state-issued documents. If the federal government refuses to recognize these changes, people will be forced to carry mismatched IDs.
According to the coalition’s letter, this inconsistency will create widespread confusion and force states to waste time and resources helping residents navigate conflicting documentation.
“If identifying information on state-issued documents does not match with information on federal documents,” the letter warns, “individuals would likely experience delays when trying to access resources, and states would likely be forced to expend needless resources to review mismatched documents.”
Support From Congress and the Courts
In addition to the state attorneys general, 82 Democratic members of the U.S. House of Representatives have sent a letter to the Office of Management and Budget urging the agency to reject the State Department’s passport changes. They argue that the proposed policy is not only discriminatory but also unconstitutional.
The letter outlines four main objections: the policy decreases passport accuracy, endangers trans people, undermines government efficiency, and violates the Fifth Amendment’s equal protection clause.
Meanwhile, the American Civil Liberties Union has filed a federal lawsuit in Massachusetts on behalf of seven individuals who are unable to obtain passports that align with their state-issued documents. The Trump administration has pushed back, filing a motion to block a preliminary injunction by claiming the plaintiffs have not suffered “irreparable harm.”
However, countless stories from trans Americans tell a different tale. Many have already reported issues at airports and border crossings where passport gender markers conflict with their appearance. Others have simply stopped traveling altogether, unwilling to risk embarrassment, delays, or worse.
“Simply Trying to Exist”
For many in the transgender community, this latest policy feels like yet another attack in a long line of legislative and executive actions aimed at invalidating their existence. It’s not just about a passport—it’s about recognition, respect, and the right to move through the world without fear.
“All Americans deserve identification documents, including U.S. passports, that accurately reflect their identity,” the coalition’s letter concludes.
At Transvitae, we stand with the transgender, non-binary, and intersex community in the face of these proposed changes. Navigating the already complicated world of identity, legal paperwork, and gender affirmation is hard enough. No one should have to fight to exist on a government-issued document.
If you are transgender or non-binary and worried about how these changes might affect your travel or passport application, now is the time to contact your state representatives and share your story. Public comments to the Office of Management and Budget can still influence the outcome—and your voice matters.
You deserve to live authentically, to travel safely, and to be recognized for who you are—not who someone else says you should be.
