On February 14, 2025, the State Department (DOS) issued guidance announcing a new policy on sex markers in U.S. passports, pursuant to the Trump Administration’s executive order declaring that the U.S. government will only recognize the two binary sexes (male and female). Under the new policy, DOS will only issue U.S. passports that contain either an “M” or “F” sex marker, and will only issue new passports that match the biological sex assigned at birth. DOS will no longer issue U.S. passports or Consular Reports of Birth Abroad with an “X” marker.
All previously issued passports, including those with an “X” marker and those with a sex marker that differs from the biological sex assigned at birth, will remain valid until expiration. As long as a previously issued passport has not expired, there are no U.S. government restrictions on its use.
However, DOS states that pending U.S. passport applications that request an “X” marker or a marker that differs from the biological sex assigned to the applicant at birth may experience processing delays, and applicants may receive a request for more information. DOS will then issue the passport with a sex marker that matches the biological sex assigned at birth, based on the applicant’s supporting documents and records about the applicant’s previous passports.
In addition, DOS has issued a proposed rule for notice and comment to revise Form DS-11, the application for a U.S. passport, proposing that the revised application:
Request the applicant’s biological sex at birth, and will only allow responses of “M” or “F”; and
Replace the term “gender” with “sex.”
The Trump Administration’s executive order restricting the government’s recognition of gender has been challenged in federal court. The lawsuit requests, among other forms of relief, a permanent injunction of the executive order’s impact on U.S. passports and passport processing.