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 the enforcement of a Trump administration policy that would have forced all federal documents—including passports—to reflect only the sex assigned at birth.
This ruling immediately halts the policy and restores the State Department’s previous process, which allows applicants to select an “M,” “F,” or “X” gender marker based on their self-identified gender—no proof required.
This decision matters deeply, especially now. But let’s be clear: this is not a final ruling. The lawsuit is still ongoing, appeals are expected, and the policy could still resurface depending on how the courts rule.
In other words: this is a window. Not the finish line.
What the Trump Policy Tried to Do
In January 2025, the Trump administration issued an executive order that defined sex as strictly male or female, fixed at birth. The State Department followed suit, eliminating the “X” marker and refusing to issue passports with gender markers that didn’t match an applicant’s original birth certificate.
That meant trans, nonbinary, and intersex Americans could no longer have passports that reflected their identities.
Six plaintiffs, represented by the ACLU, challenged the policy—and won a major early victory when Judge Kobick expanded the injunction to cover everyone in the U.S. affected by the rule.
What This Ruling Does (and Doesn’t) Change
Judge Kobick found that the new passport policy likely violated the Fifth Amendment’s equal protection clause, calling it “rooted in irrational prejudice” and unsupported by any legitimate governmental interest.
This preliminary injunction restores the previous passport policy from the Biden administration, which remains in place for now.
You can select “M,” “F,” or “X” on your passport
You do not need medical documentation or proof
The State Department must process your application accordingly
But it’s vital to remember:
This is a temporary measure, not a final ruling
The policy is blocked only while the case proceeds
The federal government has already filed an appeal
Given the temporary nature of this protection, we strongly encourage anyone affected to act now to update their documents while this injunction is in place.
Why This Ruling Matters Beyond Travel
This case isn’t just about passports. It’s about safety, autonomy, and the ability to move through the world without your government misgendering you.
Mismatched identification can create real harm. Inconsistent documents can trigger discrimination, delays at airport security, harassment in healthcare settings, or rejection in job applications.
For many people, a passport that reflects their identity isn’t just validation—it’s protection.
If You’ve Been Waiting, This Is Your Window
If you’ve been holding off on applying for or updating your passport, this is the moment to act.
And if you need help with other identity-related legal issues—like a name change, correcting your driver’s license or Social Security records, or creating an estate plan that respects your gender identity and chosen family—we can help with that too.
Legal clarity across documents matters. Even with a passport that aligns with your identity, mismatched names or markers on other forms of ID can cause delays, denial of services, or worse. The goal is to create consistency, recognition, and safety wherever you go.
You deserve to be seen, supported, and protected—legally and fully. Let’s make that happen.
Click here to schedule a consult or send a message to get started. Whether it’s your passport or your estate plan, your identity belongs at the center of the conversation.