Passport Gender Marker Changes Suspended by State Department

Secretary of State Marco Rubio has halted the processing of all passport applications that involve an "X" gender marker or a change in gender designation. This decision affects individuals who do not identify strictly as male or female, disrupting a policy introduced during the Biden administration.

According to an internal State Department memo obtained yesterday, the policy now asserts that "an individual’s sex is not changeable." This directive has significant implications for those seeking to have their gender identity accurately reflected on official documents.

New Policy Overview

Rubio's directive to State Department staff emphasizes that "sex, and not gender, shall be used" for all official documents, including passports. The memo specifically instructs personnel to "suspend any application requesting an X sex marker" and to "suspend any application where the applicant is seeking to change their sex marker."

This policy shift aligns with a recent executive order from former President Donald Trump, titled "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government." The order defines sex strictly on the basis of reproductive biology, asserting that only two sexes exist.

Executive Order Implications

The executive order mandates that all federal government departments and agencies "remove all statements, policies, regulations, forms, communications, or other internal and external messages that promote or otherwise inculcate gender ideology." It further restricts the use of federal funds for promoting gender ideology and tasks the Bureau of Prisons with revising its policies to prevent federal inmates from receiving treatments aimed at changing their gender appearance.

Trump's order posits that efforts to "eradicate the biological reality of sex" undermine the dignity, safety, and well-being of women and compromise the integrity of American systems.

Impact on the LGBTQ+ Community

The Biden administration had introduced "X" markers on passports with the aim of recognizing diverse gender identities and expressions. "When a person obtains identity documents that reflect their true identity, they live with greater dignity and respect," said former Special Diplomatic Envoy for LGBTQ Rights, Jessica Stern. She highlighted the importance of offering a third gender marker as a step toward acknowledging the variance in gender identity and expression.

Former Secretary of State Anthony Blinken had also made it easier for transgender individuals to amend their passport gender markers by removing the need for medical certification, responding to the needs of the LGBTQ+ community.

Future Considerations

While the new policy does not invalidate existing passports, it requires renewed passports to reflect a person's "God-given sex, which was decided at birth." The White House reaffirmed this position earlier in the week, underscoring the permanence of sex as determined at birth.

As these policy changes unfold, the LGBTQ+ community faces significant challenges in navigating a system that now negates the recognition of gender identity beyond the traditional binary. The community has expressed concerns about the broader implications for civil rights and equality.

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Engagement with the LGBTQI+ community remains crucial as these issues evolve. The dialogue between policy-makers and advocates will continue to shape the approach and position of the administration as it addresses gender identity and expression in governmental documentation.