ARGUMENT OVER X

Nonbinary Passports Saved by Judge—For Now

The ACLU is arguing that the Trump administration’s attempt to ban nonbinary passports shows “irrational prejudice toward transgender Americans.”

A Trump administration ruling that bans the use of “X” and the changing of genders on passports has been temporarily halted by a federal judge. Biden-appointed U.S. District Judge Julia Kobick granted a preliminary injunction in favor of the American Civil Liberties Union while its lawsuit against the administration plays out. The ACLU argues the new policy effectively makes it impossible for transgender, nonbinary, and intersex people to obtain accurate passports. Executive orders must be relevant to important government matters, Kobick noted, saying that “The government has failed to meet this standard.” The ACLU is also likely to prove the order is rooted in “irrational prejudice toward transgender Americans,” violating constitutional protection for equal treatment. The administration disagrees. For now, at least, the ruling wrestles some control away from Elon Musk over the use of the letter X.