Lambda Legal Files Suit Against Federal Passport Policy

Lambda Legal Files Suit Against Federal Passport Policy

On April 25, Lambda Legal initiated a federal lawsuit representing seven transgender and nonbinary individuals. The lawsuit challenges the current federal administration's policy regarding passport issuance and its impact on gender markers.

The legal challenge, filed in the U.S. District Court for the District of Maryland, argues that the policy infringing upon the ability of transgender individuals to have passports that accurately reflect their gender identity violates constitutional rights to equality and protection.

The policy in question prohibits the State Department from issuing passports that include an "X" gender marker. The lawsuit highlights the severe harm caused to transgender individuals, including those represented in the suit, by forcing them to use identification that does not correspond with their identity.

Among the plaintiffs are Jill Tran and Peter Poe, both Maryland residents, alongside the federal government, the State Department, and Secretary of State Marco Rubio, named as defendants. The lawsuit asserts that the existing policy subjects transgender U.S. citizens to potential harassment and discrimination both domestically and internationally.

One leading plaintiff, Zander Schlacter, a textile artist and designer from New York, has been particularly affected by the policy. Despite legally changing his name and gender in New York, Schlacter's passport fails to reflect his true gender identity.

Before President Donald Trump's inauguration, Schlacter submitted an expedited application using form DS-5504 to update his passport with his new legal name. However, an executive order shortly after President Trump assumed office halted the issuance of passports with "X" gender markers.

As a result, although Schlacter received his updated passport, it inaccurately lists his gender as "female," contrary to his legal documentation. The State Department's letter accompanying his passport noted corrections made to reflect his "biological sex at birth."

Schlacter's public statement about the fear and potential danger associated with carrying a passport that misrepresents his gender highlights the personal and broader societal issues stemming from the policy. "I, like many transgender people, experience fear of harassment or violence when moving through public spaces, especially where a photo ID is required," Schlacter explained. His case exemplifies the broader fight for accurate documentation, emphasizing the critical need for change.

In a significant advancement for transgender and nonbinary rights, former Secretary of State Antony Blinken announced in June 2021 that the State Department would start issuing gender-neutral passports and documents for citizens born abroad. Despite this announcement, the rollout of such documents has faced challenges due to previous executive orders.

Lawsuits have been pivotal in challenging these policies and advocating for change. Dana Zzyym, an intersex U.S. Navy veteran identifying as nonbinary, previously filed a lawsuit in 2015 after their passport application for an "X" gender marker was denied. Zzyym's legal battle set a precedent, culminating in the issuance of the first gender-neutral passport in October 2021, with representation from Lambda Legal. The State Department policy permitting "X" gender markers officially took effect on April 11, 2022.

However, the executive order signed by Trump, shortly into his term, has remained contentious. International travel advisories by Germany, Denmark, Finland, and the Netherlands caution transgender and nonbinary travelers to the United States due to these policies.

In recent developments, a federal judge in Boston issued a preliminary injunction temporarily halting the executive order. The American Civil Liberties Union (ACLU) has also taken legal action, representing additional plaintiffs similarly affected by the restrictive passport policies.

This ongoing legal battle marks a significant chapter in the fight for transgender and nonbinary rights, aiming for systemic change and recognition of gender identities at the federal level.