A federal judge in Boston has issued a nationwide preliminary injunction against President Trump’s January executive order mandating that U.S. passports display only the sex assigned at birth. The ruling extends protections to transgender, nonbinary, and intersex Americans seeking new or replacement passports, allowing them to choose male, female, or “X” markers.
Judge Julia Kobick found the policy likely violates equal protection under the Fifth Amendment. She determined the administration failed to demonstrate a substantial government interest justifying the restriction. The injunction ensures those whose passports are expiring, lost, stolen, or need to change name or sex markers won’t be forced into binary designations.
Trump’s order stemmed from Executive Order 14168, signed January 20, 2025, which instructed federal agencies to recognize only two biological sexes “from conception” and prohibited gender self-identification—including on passports. The administration quickly suspended updates to the “X” marker option that had been in place since June 2021.
The ruling builds on an April preliminary injunction protecting six plaintiffs. Judge Kobick has now certified the case as a class action to include all impacted individuals. She noted passport applicants face “profound negative impact,” such as withheld documents and travel delays.
