State Department freezes X-marker passports and all gender-marker changes

Guidance/memoDOS

Date
Actor
Department of State; Secretary Marco Rubio
Agency
Department of State (DOS)
Type
Guidance/memo
Section
IDENTITY DOCUMENTS AND FEDERAL WORKFORCE

Summary

An internal cable from Secretary Rubio, implementing EO 14168, orders passport officials to immediately suspend processing of all applications requesting an "X" sex marker or any change of sex marker, stating that U.S. policy is now that "an individual's sex is not changeable." Applications in the pipeline were frozen (some applicants' documents were held), the State Department took down its webpage explaining gender-marker amendments, and new passports are issued only with the applicant's sex assigned at birth. The Department subsequently stated that previously issued passports with X markers remain valid until they expire or are renewed. (See also sections 1 and 12.)

Status

In effect. Enforcement was partially enjoined April–November 2025 in Orr v. Trump (below) but resumed fully after the Supreme Court's November 6, 2025 stay; as of mid-2026 new, renewed, and replacement passports show birth sex only, with no X option, while unexpired X passports remain valid. Update, Sept. 23, 2026: On Sept. 17, 2026, the court (Kobick, J.) granted plaintiffs' Rule 56(d) motion and denied without prejudice the pending cross-motions for summary judgment (D. Mass. No. 1:25-cv-10313, ECF 145, 174, 187, 200), setting a schedule under which fact discovery closes March 31, 2027, dispositive motions are due Aug. 13, 2027, and a status conference is set for April 1, 2027; the passport policy remains in effect in the meantime.

As recorded in the data of . Check the sources for anything newer.

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