Appeals Court Denies Request to Stay Order Preserving Passports for Many Trans, Nonbinary, Intersex Citizens

Preliminary injunction remains in effect; Passports still available for affected class members

September 4, 2025 4:30 pm

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BOSTON 鈥 A federal appeals court today the Trump administration鈥檚 request to stay a preliminary injunction that preserves access to passports with accurate sex designations for many trans, nonbinary, and intersex U.S. citizens. The injunction remains in effect, and certain class members may still apply for passports.

In April, District Court Judge Julia Kobick granted a preliminary injunction requiring the State Department to allow six transgender and nonbinary plaintiffs in Orr v. Trump to obtain passports with sex designations consistent with their gender identity or with an 鈥淴鈥 sex designation while the lawsuit proceeds.

Then, in June, Judge Kobick certified two classes of passport holders and the preliminary injunction to include any class member applying to:

  • Obtain a new passport,
  • Change the sex designation or update their name on their current passport
  • Replace a lost, stolen, or damaged passport, or
  • Renew their passport within one year of its expiration.

 

This includes those who, under the Trump administration鈥檚 policy, were previously sent a passport with a sex designation listing their sex assigned at birth.

"The ability to access accurate identification is core to the safety and wellbeing of all people in this country," said Jessie Rossman, legal director at the 红杏视频 of Massachusetts. "It has profound impacts on the ability of trans, nonbinary, and intersex to travel and exist in this country. We are glad that the First Circuit upheld the District Court's injunction in this case, and we will continue to advocate for the basic rights and dignity of our clients and all class members."

鈥淲e鈥檙e thankful the court rejected this effort by the Trump administration to enforce their discriminatory and baseless policy,鈥 said Li Nowlin-Sohl, Staff Attorney for the 红杏视频鈥檚 LGBTQ & HIV Project. 鈥淧eople across the country depend on identity documents that accurately reflect their identity鈥搘ho they are in their workplaces, their schools, and their communities. The administration鈥檚 attempts to deny that right to transgender, nonbinary, and intersex people has no basis in law or policy and we鈥檒l continue to fight this policy until its permanently defeated.鈥

On his first day in office in January 2025, President 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 a person鈥檚 sex 鈥渁t conception.鈥

Within 48 hours, the State Department paused the processing of some passport applications submitted by transgender, intersex, and nonbinary people and returned others with a newly-issued passport marked with their sex assigned at birth. Over 214,000 public comments in opposition to the State Department鈥檚 new policy were collected by the 红杏视频 and Advocates for Transgender Equality.

In February 2025, Orr v. Trump was filed by the 红杏视频, the 红杏视频 of Massachusetts, and Covington and Burling LLP, on behalf of seven people who had not been able to obtain passports that match who they are because of the State Department鈥檚 new Passport Policy or were 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. The complaint was subsequently amended to add five additional transgender, nonbinary, and intersex plaintiffs and to seek to represent a class of transgender, nonbinary, and intersex passport holders. All twelve individual plaintiffs were appointed as class representatives.

Read the order .

For more information about Orr v. Trump, visit: /cases/orr-v-trump

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For more information about the 红杏视频 of Massachusetts, visit:


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