First Circuit clears path for passport policy; Orr v. Trump continues on summary judgment
OtherCOURT
- Date
- Actor
- U.S. Court of Appeals for the First Circuit; Department of State
- Agency
- Federal court (COURT)
- Type
- Other (litigation status of identity-document policy)
Summary
The First Circuit dismisses the government's appeal in Orr v. Trump as moot and vacates the district court's preliminary-injunction orders, consistent with the Supreme Court's November 6, 2025 stay that allowed the State Department to issue passports only with birth-sex markers and to refuse "X" designations. Cross-motions for summary judgment proceed in the District of Massachusetts (defendants moved for summary judgment June 29, 2026). State's operative policy: passports reflect "sex at birth"; existing passports remain valid until expiration. (see also section 6)
Status
Policy in effect nationwide; summary-judgment briefing pending in D. Mass. 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.
Related litigation
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Challenged in
Sources
- lgbtqbar.org/programs/advocacy-resources/trump-executive-order-tracker(opens another site)
- storage.courtlistener.com/recap/gov.uscourts.mad.280559/gov.uscourts.mad.280559…(opens another site)PDF, external
- travel.state.gov/en/passports/apply/unique-needs/sex-markers.html(opens another site)
- aclu.org/cases/orr-v-trump(opens another site)
- courtlistener.com/docket/69623342/200/orr-v-trump(opens another site)
- courtlistener.com/docket/69623342/orr-v-trump(opens another site)