
Orr v. Trump
What's at Stake
On his first day back in office in January 2025, President Donald Trump issued an executive order that led the State Department to suspend its policy allowing transgender, intersex, and nonbinary people to update the sex designations on their passports, leading some with pending applications to have their passports withheld from them and others to receive a new passport with the wrong sex designation listed. Soon after, the 红杏视频 sued on behalf of seven transgender and nonbinary people on the grounds the policy violates their constitutional rights and the Administrative Procedure Act.
Summary
UPDATE: On June 17th, the U.S. District Court of Massachusetts ordered that the State Department must allow people with a gender identity different from their sex assigned at birth to self-select the sex designation on their passport while the 红杏视频鈥檚 Orr v. Trump case proceeds so long as they do not have an existing passport with the sex designation they want on it that does not expire for more than a year from when they apply. Learn more about how and when to apply here.
On January 20, 2025, Trump signed an executive order attempting to mandate discrimination against transgender people across the federal government and government programs. This included a directive to the Departments of State and Homeland Security 鈥渢o require that government-issued identification documents, including passports, visas, and Global Entry cards鈥 reflect their sex 鈥渁t conception.鈥 Under the ensuing Passport Policy, within 24 hours the State Department began holding some passports and other documents (such as birth certificates and court orders) submitted by transgender, intersex, and nonbinary people who had applied to update the sex designation on their U.S. passports and returning others with their applications rejected and their newly-issued passport marked with their sex assigned at birth.
The 红杏视频, 红杏视频 of Massachusetts, and law firm Covington & Burling LLP filed a federal lawsuit on behalf of seven people who have not been able to obtain passports that match who they are because of the State Department鈥檚 new Passport Policy or are likely to be impacted by the new policy upon their next renewal.
The lawsuit argues the policy is arbitrary and capricious, violates the right to travel and right to privacy under the Due Process Clause of the U.S. Constitution, violates the Equal Protection Clause of the U.S. Constitution, and compels speech from transgender, nonbinary, and intersex passport holders in violation of their First Amendment rights.
鈥淚 thought that 18 years after transitioning, I would be able to live my life in safety and ease,鈥 said Reid Solomon-Lane, a transgender man from western Massachusetts and plaintiff in this case. 鈥淣ow, as a married father of three, Trump鈥檚 executive order and the ensuing passport policy have threatened that life of safety and ease. If my passport were to reflect a sex designation that is inconsistent with who I am, I would be forcibly outed every time I used my passport for travel or identification, causing potential harm to my safety and my family鈥檚 safety.鈥
Legal Documents
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06/25/2025
Plaintiffs' Memorandum in Support of Plaintiffs' Motion to Enforce or Modify Preliminary Injunction and for Expedited Briefing -
06/17/2025
Order of Preliminary Injunction -
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06/17/2025
Memo and Order on Plaintiffs' Motion for Class Cert and Motion to Apply PI to the Classes
Orr v. TrumpLegal DocumentsMemo and Order on Plaintiffs' Motion for Class Cert and Motion to Apply PI to the ClassesDate Filed: 06/17/2025
Court: District Court (D. Mass.)
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06/17/2025
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04/30/2025
Plaintiffs' Memorandum of Law in Support of Motion to Apply the Preliminary Injunction to the Classes -
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05/14/2025
Defendants' Opposition to Plaintiffs' Motion to Apply the Preliminary Injunction to the Classes -
05/21/2025
Plaintiffs' Reply in Support of Motion to Apply the Preliminary Injunction to the Classes
Orr v. TrumpLegal DocumentsDefendants' Opposition to Plaintiffs' Motion to Apply the Preliminary Injunction to the ClassesDate Filed: 05/14/2025
Court: District Court (D. Mass.)
Orr v. TrumpLegal DocumentsPlaintiffs' Reply in Support of Motion to Apply the Preliminary Injunction to the ClassesDate Filed: 05/21/2025
Court: District Court (D. Mass.)
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05/14/2025
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04/30/2025
Plaintiffs' Memorandum of Law in Support of Motion for Class Certification -
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05/14/2025
Defendants' Opposition to Plaintiffs' Motion for Class Certification -
05/21/2025
Plaintiffs' Reply in Support of Motion for Class Certification
Orr v. TrumpLegal DocumentsDefendants' Opposition to Plaintiffs' Motion for Class CertificationDate Filed: 05/14/2025
Court: District Court (D. Mass.)
Orr v. TrumpLegal DocumentsPlaintiffs' Reply in Support of Motion for Class CertificationDate Filed: 05/21/2025
Court: District Court (D. Mass.)
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05/14/2025
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04/25/2025
Amended Complaint -
04/18/2025
Order on Plaintiffs鈥 Motion to Stay Agency Action and for Preliminary Injunction -
02/18/2025
Plaintiffs' Memorandum of Law in Support of Motion to Stay Agency Action and for a Preliminary Injunction -
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03/12/2025
Defendants鈥 Opposition to Plaintiffs鈥 Motion to Stay Agency Action and for a Preliminary Injunction -
03/19/2025
Plaintiffs' Reply in Support of Motion to Stay Agency Action and for a Preliminary Injunction -
03/28/2025
Exhibit A - Plaintiffs' Memorandum in Further Support of Motion to Stay Agency Action and for a Preliminary Injunction
Orr v. TrumpLegal DocumentsDefendants鈥 Opposition to Plaintiffs鈥 Motion to Stay Agency Action and for a Preliminary InjunctionDate Filed: 03/12/2025
Court: District Court (D. Mass.)
Orr v. TrumpLegal DocumentsPlaintiffs' Reply in Support of Motion to Stay Agency Action and for a Preliminary InjunctionDate Filed: 03/19/2025
Court: District Court (D. Mass.)
Orr v. TrumpLegal DocumentsExhibit A - Plaintiffs' Memorandum in Further Support of Motion to Stay Agency Action and for a Preliminary InjunctionDate Filed: 03/28/2025
Court: District Court (D. Mass.)
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03/12/2025
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02/07/2025
Complaint
Date Filed: 06/25/2025
Court: District Court (D. Mass.)
Date Filed: 06/17/2025
Court: District Court (D. Mass.)
Date Filed: 04/30/2025
Court: District Court (D. Mass.)
Date Filed: 04/30/2025
Court: District Court (D. Mass.)
Date Filed: 04/25/2025
Court: District Court (D. Mass.)
Date Filed: 04/18/2025
Court: District Court (D. Mass.)
Date Filed: 02/18/2025
Court: District Court (D. Mass.)
Press Releases
Transgender US Passport Holders Granted Temporary Relief in Challenge to Trump Gender Marker Policy
红杏视频 Asks Court to Expand Temporary Relief to All Trans, Intersex, and Nonbinary People Seeking Passports
Federal Judge Orders Temporary Relief to Six Plaintiffs in Challenge to Trump Administration Policy Barring Updates to Sex Designation on US Passports
Federal Court to Consider Preliminary Injunction Against Trump鈥檚 Discriminatory Passport Policy
Transgender and Nonbinary People Take Trump to Court Over Passport Restrictions