The implications of a recent executive order issued by President Donald Trump have raised concerns amongst transgender and non-binary individuals in the U.S., as it poses new challenges for international travel. The order, which asserts the existence of only “two sexes,” contradicts established medical guidelines and complicates passport application processes for many.
Previously, passport applicants could select “M” for male, “F” for female, or “X” for non-binary under policies from the Biden administration. However, the new mandate restricts these options to just “M” and “F,” creating obstacles for those in the gender transition process, a critical part of treating gender dysphoria, according to numerous medical associations (supported).
Impact of the Executive Order
The executive order demands that all federal identity documents reflect the sex assigned at birth, removing the possibility of updates. Jay Kaplan, an attorney at the ACLU of Michigan, interprets this as an attempt to undermine the existence of transgender individuals. He stated, “They’re basically trying to erase the existence of transgender people through this policy.”
Existing passports remain valid but renewing these documents poses a significant hurdle. Without the option to change sex markers, travelers like Andy Slocum, who are in various stages of transition, may face difficulties when their appearance does not match the sex listed on their passport. Slocum, a consultant and parent, expressed concerns about the added stress during travel.
Administrative Challenges and Uncertainty
The process for determining an applicant’s sex assigned at birth remains unclear. The State Department has not disclosed specific criteria, though a memo from Secretary of State Marco Rubio suggests using the oldest available documents, such as birth certificates and previous passports. Carl Charles, an attorney at Lambda Legal, highlights the lack of transparency, noting, “The universe of things we know fall into two categories…what the government is telling us they’re using and…anecdotally from trans people.”
Despite the State Department’s assertion that these measures are necessary for national security, the ambiguity leaves many in a state of apprehension. The fear of detainment or additional scrutiny during border crossings adds to the anxiety faced by trans and non-binary travelers.
Legal and Social Ramifications
In response to these policies, the ACLU has initiated a lawsuit challenging the executive order, representing individuals unable to secure passports reflecting their gender identity. The case seeks a court injunction to pause the enforcement of the policy.
The situation draws parallels to broader issues of identity recognition within the U.S. As Kai Ngu, a PhD student, notes, the current climate mirrors the experiences of immigrants who often feel alienated by systemic policies. “We are rendered alien or foreign…to the systems of this country,” they remarked.
Amidst these challenges, organizations like Lambda Legal and the ACLU of Michigan encourage travelers to remain informed and to report both positive and negative experiences at borders. The hope is to foster solidarity and resilience within the community, as Ngu suggests, “We can be in solidarity with each other. We can organize together. We can form coalitions together.”
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