⚖️ The Fight for Accurate Identity Documents
Today, attorneys representing transgender, nonbinary, and intersex Americans have asked the U.S. Supreme Court to reject the Trump administration’s request to reinstate its discriminatory passport policy—a policy that would force all U.S. passports to display a person’s sex assigned at birth.
The case, Orr v. Trump, challenges this attempt to erase authentic identity from government records. The ACLU, the ACLU of Massachusetts, and Covington & Burling LLP represent twelve plaintiffs who were denied accurate passports under the policy.
“This policy is baseless and cruel,” said Li Nowlin-Sohl, Staff Attorney for the ACLU’s LGBTQ & HIV Project. “People across the country depend on identity documents that accurately reflect who they are. The Trump administration’s attempt to deny that right to transgender, nonbinary, and intersex people has no basis in law or policy.”
🏛️ How We Got Here: Orr v. Trump
On his first day back in office, President Trump signed an executive order directing federal agencies to require that all identity documents—including passports, visas, and Global Entry cards—list sex ‘at conception.’
Within 48 hours, the State Department began halting passport applications from transgender, nonbinary, and intersex people. Some applicants were issued passports that reverted to their birth-assigned sex, prompting widespread backlash.
More than 214,000 public comments opposing the policy were submitted to the government within days, marking one of the largest public responses to an anti-LGBTQ+ rule in U.S. history.
In February 2025, the ACLU and its partners filed Orr v. Trump in the U.S. District Court for Massachusetts on behalf of seven plaintiffs, later expanded to twelve and certified as a class action.
⚖️ What the Courts Have Said So Far
In April 2025, the court issued a preliminary injunction ordering the State Department to issue passports that align with each plaintiff’s gender identity—or with an “X” gender marker—while the case proceeds.
By June, that protection was expanded to cover all transgender, nonbinary, and intersex Americans affected by the policy. The First Circuit Court of Appeals upheld that injunction, affirming the plaintiffs’ right to accurate identity documentation.
The Trump administration has now asked the Supreme Court to stay (pause) that injunction—an action that could immediately strip thousands of people of the ability to travel safely or renew valid identification.
“The administration’s attempt to deny accurate passports would cause immediate, irreparable harm,” said Jessie Rossman, Legal Director of the ACLU of Massachusetts. “Transgender, nonbinary, and intersex Americans rely on accurate identity documents to travel with safety, privacy, and dignity.”
✈️ What’s at Stake
If the Supreme Court sides with the Trump administration, the policy would:
- Force U.S. passports to list only sex assigned at birth.
- Block people from obtaining or renewing passports reflecting their gender identity.
- Create dangerous situations for travelers whose IDs no longer match their lived identity.
Under the existing injunction, anyone may currently apply for a passport with a sex designation that matches their identity—including “X” gender markers—for new, renewed, or replacement passports.
This ruling has spared many Americans from losing their right to safe travel—but its future now hangs in the balance.
🌈 The Bigger Picture: Identity, Dignity, and Resistance
The Orr v. Trump case is more than a legal battle; it’s a test of whether authentic identity is a protected right under U.S. law. For many trans and intersex people, accurate documents aren’t a privilege—they’re a matter of safety, freedom, and survival.
If the Court grants the Trump administration’s request, it could embolden further federal rollbacks targeting transgender rights—from healthcare to education and beyond.
But advocates remain resolute. “We’ll continue to fight this policy until it’s permanently defeated,” said Nowlin-Sohl.
💬 Final Thoughts: Identity Is a Human Right
The fight for accurate identity documents is the fight for recognition itself. The Supreme Court’s decision on Orr v. Trump will shape not only how Americans travel, but how this nation defines equality, privacy, and freedom.
As Tori in Bloom continues to track this case, one truth remains clear: no government can erase who we are.
🌸 Call to Action
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