Did a Federal Court Just Order the State Department to Process Transgender Passports?
In September 2025, the U.S. District Court for the District of Maryland ordered the U.S. Department of State to process passport applications for six transgender U.S. citizens with sex markers that reflect their gender identity. This follows a June 2025 ruling from the District of Massachusetts that temporarily blocked enforcement of Executive Order 14168, which limited federal IDs to “male” and “female” designations. Together, these rulings mean that—for now—transgender, nonbinary, and intersex applicants nationwide can request U.S. passports with “M,” “F,” or “X” markers. But Nebraskans should note: federal relief on passports does not automatically change state law on birth certificates or driver’s licenses, which remain far more restrictive. Understanding the difference between federal and state requirements is critical when planning updates to your identity documents.
Federal Court Orders and Passport Policy
On January 20, 2025, former President Trump signed Executive Order 14168, directing all federal agencies to recognize only “biological sex” markers on official IDs. This immediately ended the “X” option on passports and stopped self-selection of gender markers.
In June 2025, Judge Julia Kobick in Massachusetts issued a nationwide preliminary injunction, holding that restricting passport markers likely violated the Fifth Amendment’s equal protection guarantee. On September 9, 2025, Judge Catherine Blake in Maryland ordered the State Department to process six specific plaintiffs’ passport applications with accurate markers.
Because of these rulings, applicants across the U.S. can currently select “M,” “F,” or “X” on passport applications by submitting the required attestation form.
Nebraska Law on Gender Markers
Nebraska law remains significantly stricter than current federal passport rules. Under Neb. Rev. Stat. § 71-604.01 and related DMV regulations:
To amend a birth certificate or driver’s license, Nebraskans must provide proof of sex reassignment surgery and a court order.
Nebraska does not offer an “X” marker for state-issued IDs.
In August 2023, Governor Jim Pillen signed an executive order defining gender solely by reproductive function for state documents. Until further litigation changes that order, it reinforces Nebraska’s restrictive policies.
This means Nebraskans may carry a federal passport with an “X” or accurate gender marker but still face barriers updating their state driver’s license or birth certificate.
How Federal Passport Rules Affect Nebraskans
Thanks to the injunctions, Nebraskans can apply for passports that align with their gender identity, including “X.” But federal passports do not override state law. If your Nebraska driver’s license or birth certificate does not match your passport, you may encounter challenges with employment, voting, or everyday ID checks.
Applicants must therefore plan on separate processes: one for federal passports through the State Department, and another for Nebraska documents through the DMV and courts.
What to Do Next: Steps for Nebraska Residents
If you are a transgender or nonbinary Nebraskan navigating these changes:
Review Nebraska requirements for updating birth certificates and driver’s licenses (physician affidavit, court order, proof of surgery).
Consult with a Nebraska attorney to understand current procedures and whether recent litigation may affect your case.
Apply for a passport using the State Department’s updated policy—submit the attestation form to select “M,” “F,” or “X.”
Monitor ongoing litigation: both federal passport policy and Nebraska’s state-level restrictions are subject to future court rulings.
Stay informed through trusted resources, such as the Nebraska DMV, ACLU of Nebraska, or Trans Nebraska.
Frequently Asked Questions (FAQ)
Can Nebraskans get an “X” on their passports?
Yes. Under the current nationwide injunction, Nebraskans can select “M,” “F,” or “X” when applying for a passport.
Can Nebraskans get an “X” on their driver’s license or birth certificate?
No. Nebraska law does not provide an “X” option for state-issued IDs, and changes generally require proof of surgery plus a court order.
What about Governor Pillen’s executive order?
The August 2023 order defines gender as biological sex for state purposes. This restricts recognition of gender identity on Nebraska IDs and is currently being challenged in court.
If I get a federal passport, will Nebraska accept it for ID purposes?
You can use a U.S. passport for many forms of identification, but state agencies (like the DMV or voter registration officials) will apply Nebraska law, not federal passport rules, when issuing or updating state documents.
What should I do if my state ID and passport don’t match?
Carry both documents if possible, and consult legal counsel about whether a court order may help update your state documents. This mismatch is frustrating but not uncommon in states with restrictive ID laws.
Final Thoughts
The recent federal court rulings are a major win for transgender and nonbinary people seeking accurate passports. But for Nebraskans, the battle isn’t over—state law continues to impose some of the strictest ID requirements in the country. Federal relief helps with passports, but it doesn’t automatically change Nebraska driver’s licenses or birth certificates.
If you are considering updating your documents, work with a Nebraska attorney who understands both state and federal law. The rules are evolving quickly, and getting tailored legal guidance is the best way to protect your rights and ensure your identity documents match who you are.