Trans Passports Under Threat? ACLU Urges Action Before It’s Too Late

BY:

Published 1 day ago

Passport holders traveling
Credit: Unsplash

The American Civil Liberties Union (ACLU) is sounding the alarm and urging transgender Americans to secure updated passports immediately. With mounting attacks on LGBTQIA+ rights across several states and federal shifts under debate, the ACLU wants folks to get their legal documents in order while it’s still relatively straightforward.

Advertisement

The ACLU’s worry stems from a surge of state-level legislation aimed squarely at transgender people. Over 20 states have introduced — or even passed — laws that limit medical treatment, ban trans athletes from school sports, or criminalize access to gender-affirming care. These efforts are coupled with federal executive orders under debate that could redefine gender strictly based on “biological sex.”

Here is a look at the ACLU’s concerns and how they are helping members of the LGBTQIA+ community. 

Advertisement
Changes are coming, and the ACLU is sounding the alarm.
Person traveling in airport
Credit: Unsplash

The ACLU’s call to action follows a year of legal whiplash. From book bans and bathroom bills to health care denials and sports restrictions, trans rights are being challenged across the country. The organization is now urging applicants to submit their passport requests as soon as possible. “[W]e encourage class members to follow the instructions on the State Department’s website to access that relief as soon as possible,” the ACLU said per Them. This follows a June court injunction that paused the Trump administration’s bid to force “biological sex” markers on U.S. passports.

Under Executive Order 14168, President Trump tried to yank away the right of trans Americans to choose their own gender markers on federal documents—including passports—by insisting on a rigid male/female binary defined “at conception.” A federal court in Massachusetts blocked key provisions of that order in April. In June, the court extended the injunction nationwide, forcing the State Department to comply with the 2021 self-attestation rule for gender markers.

However, injunctions are temporary. If higher courts or future administrations reverse course, the chance to secure an accurate passport could disappear. That’s why the ACLU is urging trans Americans to file their applications now — while the current policy is still in place.

Advertisement
The ACLU has resources available for trans travelers.
Friends traveling
Source: Unsplash

The ACLU has launched a dedicated online resource hub designed to make the passport process as smooth as possible. 

The hub provides guidance on using Form DS-5504 for those who need to correct an existing passport. This allows applicants to make free corrections without the usual headaches. To keep people informed, the ACLU also offers a calendar of live Q&A webinars hosted weekly by its attorneys. These sessions give applicants a chance to ask questions in real time. For those who prefer one-on-one support, the site includes contact information for local pro bono clinics.

According to the ACLU, the time to act is now. A reliable passport does more than get folks on a plane. It serves as a standard federal ID for jobs, banking, and voting. If courts eventually lift the injunctions, folks who waited could face years-long hurdles to correct their federal documents.

Advertisement

How do you feel about state laws pushing “biological sex” as the only valid identity on official documents? Comment below!

Share This Post