35 Comments
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Jeanne Smith's avatar

If people want to argue about this ask them what’s the purpose of an ID. The answer is “identification”. If ones birth sex is important, why no t birth height and weight?

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Sarah F's avatar

And hair color - none.

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Kris Gosdis Moyer's avatar

Omg. I’m following with bated breath (or is it gritted teeth?) regardless, I’m still on the fence about applying in case things go south while the application is in progress.

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Sandra's avatar

This is probably one of the most important favorable rulings that trans people have ever had, certainly within 2025.

If you have ID taken from you, almost every other type of evil can follow. It is critical that trans people, as well as other citizens, have ID that matches who they are. No one travels as their birth self. You travel as who you are now. If sex/gender changes, so should the marker on identification.

That being said, caution cannot be emphasized enough here, which Erin highlights. The administration will probably try to appeal this to a friendly (to them) court, and an adverse ruling for trans people would be devastating. Fascist regimes of the past have well understood how devastating it is to deny legal recognition and IDs to disfavored groups, and that is why red states started going after IDs for trans people even during the Biden years.

In my opinion, going after the passports of trans people is one of the most outrageous and cruelest things this administration has done so far. Especially for people who have had surgery and therefore are literally a new biologic/ anatomic sex. Putting the wrong gender marker on the passports of those people can subject them to grave danger, especially in certain middle eastern countries where “impersonating a woman” is punishable by imprisonment, flogging, or worse. Rape in prison is also a risk too, especially if a post-op trans woman is put in a male prison, which a misgendered passport makes likely.

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Aaron Sheller's avatar

This is a step in the right direction! You have to celebrate the small victories!!

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Conor Bradley's avatar

Thank God. It's dangerous enough living here these days with your government outing you while claiming you don't exist at the same time... We need to keep fighting for our Constitutional Rights and for Our US Constitution to be followed as US LAW by our government officials especially by Our Government officials.

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Jessica Riley's avatar

OK, but how do we do it if the form to update gender mark is gone

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Sarah F's avatar

Perhaps find the form on archive.org and submit that? If all else fails, make your own form. I've actually had to do that when new laws were implemented way too slowly and forms were not available.

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Anne's avatar

I have a correct passport but it renews in 2029. I have been worried that the fascists would still be in power at that time. I am now less worried, by a little bit. Get 'em while you can and fuck fascists!

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Sandra's avatar

The fact that the passport office deliberately, knowingly, put the wrong gender marker on the passports of U.S. travelers, knowing that such could subject them to serious danger, is a dark stain on the history of the country, even if it took place for only five months. How the people in the passport offices can do this and still live with themselves is beyond me. (I suppose many of them would just say they were “following orders”, as if that could justify what they are doing). This after trans people had been allowed to have the correct gender marker for over three decades! Regardless of how this eventually resolves, people in future generations will study this as an example of what specific things can happen when fascism is allowed to make inroads.

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Jenn Burleton's avatar

"Class Status" is 'next level' recognition for minority and marginalized populations. Obviously, we all need to stay tuned for further ACLU analysis and direction (as Erin so wisely has said), but we TAKE OUR WINS when they happen, rally around them, and use them to build ultimate victory.

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Ann Journey's avatar

Yes! This is wonderful news! I am tempted to set up an appointment at the nearest office eight hours away to have my passport corrected in person while I wait. After my initial application was flagged by a bigot before the inauguration for mis-matched gender markers on my vital documents, I worry about having the bad luck of getting a bigot again to process my correction application remotely.

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Sarah F's avatar

Even when you walk it through at a passport office, they still take all your documents and send them up to someone else to finish processing your passport and then mail it to you. I think the person you see at the passport office does all the screening necessary for approval, though.

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Yasha's avatar

Very welcome news. I spent years fantasizing about one day being able to put an "X" on my legal documents. I really hope that one day soon that is a safe possibility that doesn't put myself or my family in jeopardy.

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Calista Jarratt's avatar

The big question is "Do I have to pay for it all over again or can I get a discount for their stupidity?"

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David Difuntorum's avatar

Just shared this with my Dads Of TransKids group. Thanks for all your work Erin! It’s appreciated.

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Kelsey's avatar

Does anyone know if a similar law suit will be taken up for SSNs? I’m pretty sure you can’t change that either at the moment

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RS's avatar

Thank goodness. Hoping so much that things continue in this vein. 🤞🤞🤞🤞

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Mike Gelt's avatar

This is great, but you know Trump and his minions will continue to fight this

Let’s hope further courts will continue to protect trans rights

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