A federal judge on Friday ruled that a Trump administration policy preventing transgender and nonbinary individuals from receiving passports that reflect their gender identity likely violates the U.S. Constitution. However, the judge declined to impose a nationwide injunction against the policy.
The decision adds to growing legal challenges seeking to affirm the rights of transgender and nonbinary Americans under federal law. The court found that the State Department’s refusal to issue passports with gender markers aligned with an individual’s identity likely infringes upon constitutional protections.
While the judge acknowledged the potential constitutional violation, she opted not to block the policy for all Americans at this time. Instead, the ruling marks a significant step toward greater recognition of gender diversity in federal identification documents and opens the possibility for further legal action.
The Biden administration has since taken steps to allow nonbinary people the option to select ‘X’ as their gender on passports, but the case highlights ongoing legal scrutiny of policies from the previous administration and their impact on LGBTQ+ rights.
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