You Deserve Documents That Match Who You Are: What Judge Kobick’s Ruling Means for Trans and Nonbinary People
A Critical Pause in a Dangerous Policy
On June 17, 2025, U.S. District Judge Julia Kobick issued a preliminary nationwide injunction blocking enforcement of a federal policy that would have required all federal documents—including passports—to reflect only the sex assigned at birth. This ruling temporarily restores the previous process, which allows individuals to select an "M," "F," or "X" gender marker on passports based on self-identification, without the need for medical documentation or proof.
While this decision is a major win for trans, nonbinary, and intersex Americans, it is not permanent. The underlying lawsuit is ongoing, appeals have already been filed, and future rulings could reverse this injunction. In short: this is a window of opportunity, not a final resolution.
What the Trump-Era Passport Policy Proposed
In January 2025, the Trump administration issued an executive order redefining sex as binary and immutable—either male or female, assigned at birth. Following that order, the U.S. State Department removed the "X" marker and refused to issue passports with gender markers that differed from an individual's original birth certificate.
This policy would have forced many LGBTQ+ Americans—particularly trans, nonbinary, and intersex individuals—to carry identification that did not reflect their identity. In response, six plaintiffs represented by the ACLU filed suit. Judge Kobick granted an initial injunction for the plaintiffs and later expanded it to apply nationwide.
What the Court's Ruling Changes (and Doesn't)
Judge Kobick held that the policy likely violated the Fifth Amendment's equal protection clause, calling it "rooted in irrational prejudice." Her preliminary injunction halts enforcement of the new policy and reinstates the prior passport rules.
Under the Current (Restored) Policy:
You can select "M," "F," or "X" as your gender marker
No medical documentation is required
The State Department must honor your self-identified gender in processing applications
However:
This is a temporary ruling while the case proceeds
An appeal is already underway
The policy could be reinstated depending on future court decisions
If your passport does not reflect your identity, now is the time to act.
Why This Ruling Matters Beyond Travel
While this case specifically concerns passport gender markers, the broader stakes are much higher. Identification that does not match your lived gender can expose you to harassment, discrimination, and denial of services. That can happen anywhere: airport security, job interviews, housing applications, and medical care.
For many, a correctly gendered passport is more than a travel document. It's a form of safety. It's a declaration of identity. And in a legal landscape that can change quickly, it's also a protective measure you can take while you still have the chance.
Other Legal Steps to Align Your Identity
At Zachary W. Anderson Law, we support clients across Nebraska and beyond in securing legal recognition of their gender identity. If you need help with:
Name changes
Updating your driver's license or state ID
Changing Social Security records
Coordinating legal documents for consistent gender markers
Drafting estate plans that respect your identity and chosen family
...we're here to help.
Creating legal clarity across all forms of identification matters. It reduces risk, increases safety, and supports your right to move through the world as yourself.
Contact Us
If you’re ready to update your passport or need guidance on other identity-affirming legal steps, contact Zachary W. Anderson Law. Schedule a consultation at (402) 259-0059 or email zach@zandersonlaw.com.
You deserve to be seen, protected, and supported—in every document and every space.
FAQ: Passport Gender Marker and Legal Identity Changes
Is the "X" gender marker currently available on U.S. passports?
Yes. As of June 17, 2025, the "X" gender marker is available thanks to a federal court injunction halting the enforcement of the new policy.
Do I need medical documentation to change the gender marker on my passport?
No. Under the restored policy, you can select "M," "F," or "X" without providing medical proof.
Is this ruling permanent?
No. This is a preliminary injunction. The case is ongoing, and the policy could be reinstated depending on future court decisions.
Can I still change my name and gender on state IDs in Nebraska?
Yes. Nebraska law allows individuals to petition for legal name changes and update gender markers on driver’s licenses. Requirements vary by county and agency.
Why is having consistent ID important?
Mismatched documents can lead to delays, discrimination, or denial of services. A consistent legal identity across documents enhances personal safety and affirms your dignity.