In a significant political move, 82 Democratic members of the U.S. House of Representatives have banded together to challenge President Donald Trump’s controversial passport policy. The policy in question denies issuance of passports that accurately reflect the gender identities of transgender, nonbinary, and intersex individuals, aligning federal recognition solely with the sex assigned at birth. This policy, enacted following an executive order from President Trump, has sparked significant backlash from the LGBTQ+ community and its allies.
A Letter to the OMB
The lawmakers addressed their concerns in a formal letter to Russell Vought, the Director of the Office of Management and Budget (OMB) and a key figure behind Project 2025. Vought's role in orchestrating this policy has made him a focal point of criticism. The letter explicitly warns that the policy will undermine passport accuracy, expose transgender, nonbinary, and intersex individuals to increased harassment and violence, and raise serious constitutional issues.
The signatories caution that passports with gender markers inconsistent with the holder’s legal name and gender expression could lead to confusion and complicate efforts by officials to confirm identities. This inconsistency is not only a problem domestically but also poses a significant risk to the safety of American travelers abroad, potentially resulting in high-stress, dangerous situations at international borders. Furthermore, such discrepancies could increase the workload of U.S. consular offices, who may need to intervene in incidents involving American citizens.
Historical Context and Policy Precedent
For decades, the U.S. State Department has allowed transgender individuals to update their gender markers on passports. Since 1992, policies have evolved to drop surgical requirements in 2010, and most recently, in 2022, began issuing 'X' gender markers for nonbinary and intersex people. These advancements were based on recommendations from leading health authorities, including the World Professional Association for Transgender Health (WPATH), the American Medical Association, and the American Psychological Association, alongside input from the CDC's National Center for Health Statistics.
Despite these developments, Trump’s administration has dismissed the WPATH standards, labeling them as 'junk science.' This dismissal extends to directives for the Department of Health and Human Services to ignore research and guidance from WPATH.
Impacts on the LGBTQ+ Community
The letter highlights data from a 2022 survey indicating that 22% of transgender respondents experienced harassment, assault, or denial of service due to identification documents not matching their gender presentation. This reality underscores the urgent need for policies that respect and reflect individuals' identities.
Critics argue that Trump’s executive order displays a clear animus against transgender individuals, lacking any legitimate government interest and violating the Constitution’s guarantee of equal protection. By forcing individuals to conform to a government-sanctioned identity that contradicts their own, the policy infringes upon their First Amendment rights.
Moreover, the policy imposes logistical burdens, requiring citizens to replace previously accurate passports with incorrect ones. The rushed implementation of this policy also bypassed the required 60-day public comment period, a stipulation of the 1980 Paperwork Reduction Act aimed at mitigating unnecessary governmental paperwork.
Call for Reversal
The letter urges the State Department to revert to its previous, constitutionally sound policy that allows for gender marker updates in accordance with individuals’ gender identities. Such a reversion would respect both the personal dignity of passport holders and the legal precedents established over decades.
The appeal includes signatures from prominent LGBTQ+ House Democrats such as Representatives Mark Takano (CA), Mark Pocan (WI), Sarah McBride (DE), Ted Lieu (CA), Ritchie Torres (NY), Becca Balint (VT), and Robert Garcia (CA).
In a related development, a memo from Secretary of State Marco Rubio suggests trans travelers with gender markers not matching the gender assigned at birth could face permanent bans from entering the U.S., based on a 1952 law designed to combat fraudulent representations on immigration documents.
The ongoing legal challenges against Trump’s passport policy underscore the broader struggle for LGBTQ+ rights and recognition. As the debate continues, the voices of these 82 lawmakers add significant weight to the call for a return to more inclusive and equitable policies.
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