Ƶ Asks Court to Expand Temporary Relief to All Trans, Intersex, and Nonbinary People Seeking Passports

Affiliate: Ƶ of Massachusetts
April 30, 2025 3:53 pm

Ƶ Affiliate
Media Contact
125 Broad Street
18th Floor
New York, NY 10004
United States

BOSTON – The Ƶ, the Ƶ of Massachusetts, and Covington & Burling LLC filed and preliminary classwide relief today in their lawsuit challenging the State Department’s refusal to issue passports with accurate sex designations for trans, intersex, and nonbinary American citizens.

The new filing follows a federal court ruling finding that an executive order by President Trump and the passport policy implementing that order are likely unconstitutional and unlawful. The court’s preliminary injunction requires the State Department to issue updated passports to six transgender and nonbinary people who are named plaintiffs in the lawsuit. The new filings ask the court to certify a class of people adversely affected by the State Department policy and to extend this relief nationwide to the entire class so that other transgender, intersex, and nonbinary people can receive accurate passports.

“The court’s finding that this policy is likely unconstitutional and unlawful holds just as true for our class members as it does for our plaintiffs, and we are asking the court to expand its preliminary injunction to protect the rights of all transgender, intersex, and nonbinary people,” said Li Nowlin-Sohl, Senior Staff Attorney at the Ƶ LGBTQ & HIV Project.

“By forcing people to carry documents that directly contradict their identities, the Trump administration is attacking the very foundations of the right to privacy and the freedom to be ourselves,” said Jessie Rossman, Legal Director at Ƶ of Massachusetts. “It is important that every person has the ability to live and travel safely, and we will continue to fight to rescind this unlawful policy to make sure that this relief extends to everyone.”

On his first day in office in January 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 “to require that government-issued identification documents, including passports, visas, and Global Entry cards” reflect their sex “at conception.”

Under the ensuing passport policy, the State Department began refusing to issue new, renewed, or changed passports with a sex designation other than what the State Department believed to be their sex assigned at birth regardless of the sex designation applied for. Over 214,000 public comments in opposition to the State Department’s new policy were collected by the Ƶ and Advocates for Transgender Equality.

In February 2025, the Ƶ, the Ƶ of Massachusetts, and Covington and Burling LLP filed the Orr v. Trump class action complaint on behalf of seven people who have not been able to obtain passports that match who they are because of the State Department’s new passport policy or who are likely to be impacted by the new policy upon their next renewal. The complaint was filed in the federal District Court for the District of Massachusetts. An amended complaint was filed on April 25, adding five named plaintiffs seeking to represent the class along with the seven plaintiffs named in the original complaint.


Learn More Ƶ the Issues in This Press Release