Federal Judge Grants Class Status To Trans People In Passport Case In Massive Win

Transgender people may be able to update their passports shortly.

Photo by Kelly Sikkema on Unsplash

On Tuesday evening, a federal judge granted class certification to transgender people seeking to update the gender marker on their passports. The ruling expands a prior decision—previously limited to a handful of named plaintiffs—to now cover all transgender individuals applying for a passport or seeking to renew one with an accurate gender marker. The order took effect immediately, meaning transgender people should be able to begin submitting updated applications, though appeals could stall implementation or throw applications into chaos and thus some caution may still be warranted. Still, the ruling marks one of the most significant legal victories for transgender people under Trump’s second presidency, striking at one of the administration’s most punitive policies to date.

The court has certified two classes:

• A class of all people (1) whose gender identity is different from the sex assigned to them under the Passport Policy and/or who have been diagnosed with gender dysphoria, and (2) who have applied, or who, but for the Passport Policy, would apply, for a U.S. passport issued with an “M” or “F” sex designation that is different from the sex assigned to that individual under the Passport Policy (“M/F Designation Class”); "

• A class of all people whose gender identity is different from the sex assigned to them under the Passport Policy and who have applied, or who, but for the Passport Policy, would apply, for a U.S. passport with an “X” designation (“X Designation Class”).

“This decision acknowledges the immediate and profound negative impact that the Trump administration's passport policy has on the ability of people across the country to travel for work, school, and family,” said Jessie Rossman, Legal Director at the ACLU of Massachusetts. “The Trump administration’s passport policy attacks the foundations of the right to privacy and the freedom for all people to live their lives safely and with dignity. We will continue to fight to stop this unlawful policy once and for all.”

According to the ACLU, the class status applies to anyone applying to:

• Obtain a new passport,

• Change the sex designation or update their name on their current passport

• Replace a lost, stolen, or damaged passport, or

• Renew their passport within one year of its expiration.

Previously, the court had ruled that the passport policy, which has blocked transgender Americans from being able to update their passport with their correct gender identity, was motivated by clear animus towards transgender people. The administration’s actions "convey a fundamental moral disapproval of transgender Americans,” wrote Judge Julia Kobick.

This is a developing story. Should the ACLU issue guidance on whether transgender people should update their passports immediately, Erin In The Morning will provide updates.

Editors Update 1: According to preliminary conversations with expert attorneys, whether transgender people should submit a passport update request immediately depends on their risk tolerance and individual circumstances. A motion to stay the ruling could come within days. Those most likely to benefit from applying immediately are individuals with incorrect gender markers, those seeking their first passport, or those with expired documents who need to travel soon. Expedited processing may increase the likelihood of receiving a passport before any potential appellate or Supreme Court intervention.