Know Your Rights: Passports

Prior to Donald Trump’s issuance of an executive order on January 20, 2025, it was possible to change the sex designation on a passport through selecting the appropriate sex designation of “M,” “F,” or “X” on the application. Secretary of State Marco Rubio directed the State Department to suspend changes to sex designation on passports and consular report of birth abroad documents and to eliminate the “X” designation.

A federal district court issued an injunction in Orr v. Trump allowing some transgender, nonbinary, and intersex people to obtain passports with correct sex designations. But the Supreme Court granted a stay of this injunction on November 6, 2025.

It is not currently possible to obtain a new passport or renewed passport with a sex marker other than that assigned at birth. Previously issued passports that have not expired or been revoked remain valid.

Can I Correct the Sex Designation on a Passport?  

No. It is not currently possible to correct the sex marker on a U.S. passport. Applications to renew existing passports with the correct gender marker will result in a passport issued with the person’s gender assigned at birth.

The State Department guidance is unclear about how it will process applications for correction for intersex people whose sex assigned at birth was inaccurate or designated “X” or unknown. You may wish to seek legal assistance before applying for a passport. Sex designation changes are permitted to correct data errors.  

Can I Get an "X" Sex Designation on a Passport? 

No. It is not currently possible to obtain a new or renewed U.S. passport with a X marker.

Is a Previously Corrected Passport Still Valid? 

Yes. The State Department has noted that all passports—including those with an “X” marker or those listing a sex different from your sex assigned at birth—will remain valid for travel until their expiration date, under International Civil Aviation Organization (ICAO) policy.

Will the State Department revoke my passport with a corrected gender marker? 

Maybe. The State Department could attempt to revoke and reissue previously issued passports with correct gender markers, but we have not seen this happen yet.  If you have a passport with a correct gender marker, keep it safe.

Even if it were to adopt such a revocation policy in the future, the corrected passport would still be valid for travel until such revocation took place. You would receive notice in advance of a revocation and if outside of the United States could contact an embassy to be able to return. If you receive notice of revocation of your passport, please notify us. 

Is the Passport Policy Being Challenged in Court? 

Yes. Although the Supreme Court stayed at the district court’s injunction in Orr v. Trump pending appeal. The appeal remains pending before the First Circuit Court of Appeals. Keep following the litigation for future updates.

Can I Change the Name on a Passport? 

Yes. You can still submit a certified copy of your name-change order and correct the name on a passport. It will be issued with your sex assigned at birth even if you previously changed your sex with the State Department and Social Security. 

Can I Apply for a Passport for the First Time Using Corrected Documents?  

Yes. However, Form DS-11, the passport application, asks for your sex assigned at birth and all previous legal names. As passport applications are signed under penalty of perjury and federal law prohibits knowingly and willfully making false statements in passport applications, we caution against attempting to obtain a passport using a birth certificate or other identity documents with the correct gender marker without disclosing your sex assigned at birth. A Social Security number also must be provided, which is used to verify the applicant’s identity. The State Department has the authority to cross-reference sex with the Social Security Administration.  

Note: it is no longer possible to correct the sex designation with the Social Security Administration.   

What Name and Sex Should I List When Purchasing an Airline Ticket? 

The name and sex that you select when purchasing an airline ticket should match the name and sex on the ID that you will present at airport security. It might be the case that you will use one sex when flying domestically and another when flying abroad. Note that as of May 7, 2025, you must have a REAL ID-compliant ID to fly domestically without completing an identity verification process and possibly being subject to additional screening at the security checkpoint. State IDs are not affected by the federal executive order, so, depending on the policies of your state, you may be able to correct the sex on your state ID or have an “X” designation. 

Is it a Problem to Have Mismatched Gender Markers on Different Documents?  

There is no such thing as a unified “legal sex,” but merely a collection of different standards for updating different ID documents. Historically it has been common for trans people to have documents with different gender markers. If you must present documents at the same time that have different sex designations, it can be helpful to also have available additional documentation that can help link the documents to you and explain your transgender status, such as a name or gender change order or a letter from a therapist or medical provider.

Do I Need to Get a New Passport If I Don’t Look Like My Passport Photo Anymore? 

Maybe. The State Department notes that you need to apply for a new passport if your appearance has significantly changed. If you can still be identified from the photo in your current passport, do not apply for a new passport. Significant facial surgery is considered a major change in appearance and requires a new passport.  

The fact that you may be forced to use a passport with a mismatched sex designation makes it even more important that your photograph match your current appearance so that you can readily be identified by your passport. 

What If I Face Problems with my Passport Application?  

You can check the status of your passport application online. You can also contact the office of your federal House Representative or Senator, choosing their contact option for federal agency assistance.  

If you encounter improper requests for information, unprofessional behavior, or other difficulties obtaining a passport, you can call the National Passport Information Center at 1-877-487-2778 to make a complaint or submit a complaint online through the Department of State’s Customer Survey. Making complaints can assist legal advocates in demonstrating that there are problems with the current policy or its implementation. 

How Can I Avoid Unnecessary Scrutiny When Going Through Airport Security? 

Trans people have a long history of having to travel while having identity documents that do not match their gender. It is nothing to be ashamed about, and it is not your fault that the government does not recognize your gender. Remain calm and respectful, and don’t hesitate to ask to speak with a supervisor if there is a problem. Ideally, ensure that your photo matches your appearance, and if it does not, you may wish to carry a letter from a therapist explaining that you are trans.  

If you experience discrimination from a TSA employee, you can file a Civil Rights and Liberties complaint with the TSA.  The TSA does not accept anonymous complaints of Civil Rights and Civil Liberties violations. It does, however, allow a person to file a complaint on behalf of another person. You can make your own decision about whether to file a complaint.  

For more detailed information see Know Your Rights: Travel & TSA. 

If you will be flying regularly, consider getting a Global Entry card, which costs $120 and is valid for 5 years. Global Entry cards also have a sex designation, which under the January 20, 2025, Executive Order also cannot be changed. In addition to streamlining the return from international travel, it enables you to enroll in TSA PreCheck, which generally allows you to bypass the body scanners (and long security lines) on all flights. Wait to apply until you have a passport in your current name as the name on your application should match your passport (if you have one). You will need to go in person to have a photo taken and be fingerprinted. If you know you will not be traveling internationally, TSA PreCheck alone is cheaper. Begin by applying online. 

What is an Enhanced Driver's License? 

Enhanced Drivers Licenses are available in some states (Michigan, Minnesota, New York, Vermont, and Washington) It can be used in place of a passport book or card to provide proof of identity and U.S. Citizenship when crossing the U.S. border in aby land or sea (but not air). The sex designation on an Enhanced Driver License is governed by the state that issues it, so it is not subject to the same policies as passports.