Several transgender individuals, represented by the American Civil Liberties Union (ACLU), have initiated legal action against a policy enacted by the Trump administration. This policy restricts the issuance of passports with gender markers that deviate from an applicant's assigned sex at birth. The lawsuit alleges that the policy infringes upon privacy rights and First Amendment freedoms. In 2022, the State Department had permitted passport applicants to choose from M, F, or X as their gender marker.

The ACLU argues that this policy disrupts the lives of transgender individuals, stemming from discriminatory motivations and lacking any legitimate public interest. Their clients require travel documents for work, education, and family matters, and being compelled to carry identification that contradicts their lived experiences creates a significant burden and potential safety risks. This, they argue, is a clear attempt to violate their privacy and deny their right to self-expression.

The policy originated from an executive order signed by former President Trump emphasizing "biological truth." This order dictates that the U.S. government will solely acknowledge two sexes – male and female – based on biological attributes assigned at birth. It prohibits the consideration of gender identity in legal and administrative matters and directs federal agencies to adhere to this binary definition. This impacts areas such as housing, correctional facilities, and education, requiring them to enforce laws and regulations based on this restricted definition of sex.

Furthermore, the order mandates that government-issued identification documents must accurately reflect an individual’s assigned sex at birth, defined as "male" or "female." This directive effectively reverses prior progress made in recognizing and accommodating gender identity on official documents.

One plaintiff, Reid Solomon-Lane, shared his experience, emphasizing that he has lived his entire adult life as a man and is recognized as such by his personal and professional circles. He expresses concern that the executive order and subsequent passport policy jeopardize his safety and that of his family. Being forced to carry a passport with a gender marker that doesn't align with his identity would effectively out him every time he uses it for travel or identification, potentially putting him and his family at risk.

The ACLU reports being contacted by over 1,500 transgender individuals and their families expressing concerns about obtaining passports that accurately reflect their gender identity, with many having their passport applications either suspended or pending.