On June 17, 2025, the U.S. District Court of Massachusetts ordered that the State Department must allow people with a gender identity different from their sex assigned at birth to self-select the sex designation on their passport while the ACLU’s Orr v. Trump case proceeds.  

Learn more about Orr v. Trump. 

The court certified two classes: the M/F Designation Class and the X Designation Class. 

The M/F Designation Class includes all individuals: 

• Whose gender identity is different from their sex assigned at birth and/or who have been diagnosed with gender dysphoria and 

• Who have applied (or would have applied if not for the Trump administration’s passport policy) for a U.S. passport with an “M” or “F” designation that is different from their sex assigned at birth. 

The X Designation Class includes all individuals: 

• Whose gender identity is different from their sex assigned at birth and 

• Who have applied (or would have applied if not for the Trump administration’s passport policy) for a U.S. passport with an “X” designation. 

You can apply for a passport with a sex marker consistent with your gender identity if: 

1. You are part of the M/F Designation Class or the X Designation Class and 

2. You either: 
   • Do not have a currently valid passport; 
   • Need to renew your passport because it expires within one year; 
   • Need to change your passport to correct your sex designation or reflect a name change; or 
   • Need to apply for another passport because your passport was lost, stolen, or damaged. 

No. If you fit into the descriptions above, you are part of the class. In order to access relief, the State Department requires that you complete an attestation form and submit it with your application to affirm that the preliminary injunction applies to you. 

The order is in effect now. As of June 17, the State Department is legally required to comply with the court order. On July 2, the State Department issued instructions for class members to access relief pursuant to the Court’s preliminary injunction order. Those instructions can be found here. If you are a class member, you must submit a completed attestation form with your passport application in order to identify yourself as a class member and let the State Department know what sex marker you want on your passport. If you are selecting an “M” or “F” designation, you should select that on the attestation form as well as your application. If you are selecting an “X” designation, you should leave the sex field blank on your application and select “X” on the attestation form. If the State Department receives an application without an attestation and determines that you may be a class member, the State Department will send you a letter requesting the attestation, which must be submitted within 90 days of receiving such notice. 

The State Department requires that you complete an application in-person to obtain a new passport or replace a lost, stolen, or damaged passport. Applications to renew a passport or change information on an existing passport can be mailed in. Whether you are applying in person or by mail, members of the class must complete a PDF version of the application to access relief through the court ordered injunction (due to technical limitations you cannot use the online form filler) and must submit the attestation with your application. 

Not at this time. The Trump administration has stopped processing changes of gender markers on CRBAs.  

 There is no litigation currently pending about CRBAs but we will update this as things may evolve. 

No. This decision only impacts the sex designation on passports. 

Yes. As of now, one can still change a name on federal documents. 

Online guidance from the Social Security Administration (“SSA”) states that one must change their name with the SSA after changing their name in probate court. We are not aware of any penalties for failing to update with the SSA (for example, it is not one of the listed reporting responsibility items for those receiving Supplemental Security Income), nor are we familiar with any set deadline for updating SSA.  

That said, not having an up-to-date name with the SSA could result in revocation of a driver’s license listing an inconsistent name (see Leone v. Commissioner, Indiana Bureau of Motor Vehicles, 933 N.E.2d 1244 (2010)), trouble providing a List C document for Form I-9 employment authorization procedures, or a private identity verifier receiving an SSA “no-match letter” when checking your identity for employment or medical purposes. Accordingly, it is suggested that people update their name with the SSA after getting a legal name change in court. 

We are not aware of a requirement to reflect a legal name change on a non-expired US passport. U.S. Customs and Border Protection advises that U.S. citizens and lawful permanent residents “should carry [certified] proof of their name progression such as… court documents showing a legal name change.”  

Applicants for a new or renewed passport should not falsely use their prior legal name on their application, as the Form DS-11 and Form DS-82 require that “the statements made on the application are true and correct.”  

Trans and nonbinary people have reported increased delays or interrogation when traveling internationally with mismatched IDs. Having the correct and current name on a passport can also be helpful for purposes such as providing a List A document for Form I-9 employment authorization procedures.  

If you are a U.S. citizen born abroad and have a Consular Report of Birth Abroad, you can no longer change your gender marker on that record.

If you were born in the U.S., state law determines whether you can amend your gender marker. This EO did nothing to change state law. If you can amend under your state laws or rules, you can still amend.   

The Orr v. Trump lawsuit does not directly impact state-issued birth certificates. However, the court order requires the State Department to allow class members (defined above) to self-select M, F, or X on the passport application. In other words, the sex designation on your birth certificate does not have to match the sex designation you are seeking on your passport. 

It is possible that the government could request a “stay” of the Court’s decision. A stay is a temporary suspension of enforcement of a court order. If the government is granted a stay, then this order is essentially put on hold. Given that the government issued instructions by which class members can access the court ordered relief on July 2, 2025, we encourage class members to follow the instructions on the State Department’s website to access that relief as soon as possible. 

What should I do if I need to apply for/renew a Passport or Visa now?    

In order to access relief, the State Department requires that you complete an attestation form and submit it with your application to affirm that the preliminary injunction applies to you. 

If you apply for a new Passport or a renewal, as with any Passport process, the agency may retain your documents for some time. Please make sure to keep certified copies of any identity documents you submit so that you have valid identification during the application process. 

The order doesn’t specifically address existing passports. Until new policies are announced, previously issued documents should remain valid through their expiration dates.  

 The matters are currently being litigated and there may well be changes coming in the future. We will continue to monitor developments around this order closely and will update this document as we learn more information. We have no indication that people are unable to travel with these documents or with federal documents that may be inconsistent with state documents. 

Nothing in the executive order suggests people with nonconforming gender markers on valid documents should be turned away from a flight. GLAD Law is monitoring developments around this order closely and will update this document as we learn more information. 

Nothing in the executive order suggests people with nonconforming gender markers on valid documents should be turned away from a flight. GLAD Law is monitoring developments around this order closely and will update this document as we learn more information.   

GLAD Law is closely tracking developments, and we are not able to provide insights into this at this time. People should make individual assessments of best next steps for them and as we learn more about how federal policy is being changed to conform to the administration’s directives, we will share more.  

REAL IDs are issued by state governments to meet federal security standards for domestic air travel between and within states and access to federal facilities. As of May 7, 2025, you will need a REAL ID or federally accepted document for air travel between and within states.  

The federal government has established consistent requirements for obtaining a REAL ID, so the process is the same across all states. However, each state has its own procedures for how to obtain and update identification documents, including how to change your name and gender marker, and each state differs on whether you can obtain an X marker on state identity documents. 

Of course, things are changing quickly. As of April 25, 2025, the federal government has not changed its REAL ID policies to require states to treat transgender and non-binary people differently. So as of now, if you live in a state that allows for transgender people to have accurate name and gender markers on state identity documents, you can get a REAL ID that is accurate. 

As we know, the federal government no longer allows people to get X markers on Passports or with social security. So, if your state allows you to get a REAL ID with an X marker, we do not yet know if this will flag you for additional screenings or barriers at airports.  

If you encounter issues while traveling with your REAL ID, please let us know by contacting GLAD Law Answers.