A federal judge issued a ruling on Friday, blocking the Trump administration's policy that would restrict the use of the "X" gender marker on passports. The policy would also limit individuals from changing their gender marker. This move aligns with conservative views, but conflicts with policies under President Joe Biden and contradicts medical experts' advice.

Judge Sides with ACLU

US District Judge Julia Kobick, who was appointed by President Joe Biden, ruled in favor of the American Civil Liberties Union (ACLU). The judge granted a preliminary injunction, effectively stopping the enforcement of the policy while the lawsuit proceeds. This decision protects the rights of individuals seeking accurate gender markers on their passports.

Court’s Reasoning

“The Executive Order and the Passport Policy on their face classify passport applicants on the basis of sex and thus must be reviewed under intermediate judicial scrutiny,” Judge Kobick wrote. “The government has failed to meet this standard.” The judge highlighted that the policy failed to meet legal requirements for government action.

ACLU’s Response

The ACLU filed the lawsuit on behalf of five transgender Americans and two nonbinary plaintiffs. They argued that the new policy would prevent these individuals from obtaining accurate passports. “We all have a right to accurate identity documents, and this policy invites harassment, discrimination, and violence against transgender Americans who can no longer obtain or renew a passport that matches who they are,” said ACLU lawyer Sruti Swaminathan.

Trump Administration’s Defense

In response, the Trump administration defended the policy, claiming it did not violate constitutional rights. They argued that the president has broad discretion when it comes to setting passport policy. Additionally, they asserted that the plaintiffs would not face harm because they could still travel abroad.