U.S. District Judge Julia Kobick in Boston expanded a preliminary injunction she issued in April that allowed just six transgender and nonbinary individuals who challenged the policy to obtain passports consistent with their gender identities or with an “X” sex designation while the lawsuit moves forward.
While Kobick’s April ruling was limited in its scope, the judge, an appointee of Democratic President Joe Biden, on Tuesday agreed to grant the case class action status and pause enforcement of the policy as applied to all transgender, nonbinary and intersex U.S. passport holders.
Li Nowlin-Sohl, a lawyer for the plaintiffs at the American Civil Liberties Union, in a statement called the ruling “a critical victory against discrimination and for equal justice under the law.”
The case is one of several related to an executive order Trump signed after returning to office on January 20 directing the government to recognize only two biologically distinct sexes, male and female.
The State Department soon after changed its passport policy to “request the applicant’s biological sex at birth,“ rather than permit applicants to self-identify their sex, and to only allow them to be listed as male or female.
In 2022, the Biden administration allowed passport applicants to choose “X” as a neutral sex marker on their passport applications, as well as being able to self-select “M” or “F” for male or female.
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