The Biden administration had previously allowed non-binary individuals to choose ‘X’ as their gender on passports starting in October 2021. However, Trump’s order froze this provision. The order was met with strong opposition, particularly from transgender and non-binary individuals, as it required them to state their biological sex on official documents, rather than their preferred gender identity.

In response, the American Civil Liberties Union (ACLU) sued the Trump administration on behalf of transgender and non-binary individuals, arguing that the policy violated constitutional rights and subjected them to discrimination and harm.

Recently, a federal judge, Julia Kobick, blocked the executive order, stating that the policy was based on irrational prejudice and failed to meet the legal standard required to justify such actions. The judge emphasized that the policy infringed on the constitutional commitment to equal protection for all Americans.

While the Trump administration defended the policy, claiming it didn’t violate equal protection guarantees, the ruling has temporarily halted the passport restrictions for transgender and non-binary individuals.