United States | New guidance on sex markers for US passports eliminates ‘X’ option

Last week, the State Department provided guidance on the use of sex markers stipulating that the department will no longer issue U.S. passports or Consular Reports of Birth Abroad (CRBAs) with an “X” marker.

Key Points:

• The guidance follows the directive in President Trump’s executive order “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” issued on Jan. 20.
• U.S. passports will only be issued with an “M” or “F” sex marker that matches the applicant’s biological sex at birth.
• All passports, including those with an “X” marker or those listing a sex different from the applicant’s sex at birth, are valid for travel until their expiration date.
• While new forms are being developed, existing forms can be used in the interim and can be found here.

Additional Information: Applicants requesting an “X” marker or a sex marker different from the sex marker assigned at birth may experience delays getting a passport and may receive requests for more information. New passports issued by the State Department will match the applicant’s biological sex at birth based on supporting documents and previous passport records.

BAL is monitoring this guidance and litigation related to the underlying executive order.

This alert has been provided by the BAL U.S. Practice Group.

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