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Identity Document Guidance for Transgender, Nonbinary, Gender-Nonconforming, and Intersex People

Transgender, gender-nonconforming, nonbinary, and intersex people (TGNCNBI) may have questions about how recent federal actions affect their identity documents. On January 20, 2025, the Trump administration issued a discriminatory Executive Order (“the Gender Order”) aimed at restricting sex and gender recognition in federal records. As federal agencies implement this Order, we have compiled this resource to share essential information, highlight actions to consider, and offer additional support for the TGNCNBI community.

This resource is regularly updated as new information becomes available, or court decisions are issued.

Important: This page is for informational purposes only and does not constitute legal advice. For personalized support, consult a licensed attorney in your state.

[This page was last updated June 2025]

URGENT UPDATE: Passport Policy Blocked—But Situation Still in Flux

June 17, 2025. A federal court has temporarily blocked enforcement of the restricted passport policy for everyone who falls into two classes of people, both of which are represented by the ACLU. The decision applies to people who seek an M, F, or X passport to match their gender identity and who either do not have a valid passport, need to renew within a year, need to update their gender marker or name, or are replacing a lost or damaged passport.

Thinking of applying? Be aware: the government may appeal, and if a higher court pauses this ruling, the restrictive policy could return immediately. Even pending applications could be affected. If your situation isn’t urgent, it may be safer to wait. We will continue to update this resource as the situation changes.

What This Executive Order Means For You

It’s understandable to feel scared, angry, or overwhelmed in response to the Gender Order and related federal actions. These policies are designed to create uncertainty and impose barriers in daily life—but they do not erase the existence, worth, or contributions of TGNCNBI people.

While these actions may cause disruption, the fundamental rights and human dignity of TGNCNBI individuals remain.

There is no one-size-fits-all answer about how to respond. The best course of action will depend on your personal circumstances—including how you use your passport, your plans for international travel, and your individual safety needs and risk tolerance.

[Looking for a Practical Travel and ID Checklist? We’ve created a supplemental resource designed to help you navigate day-to-day realities—like travel, ID safety, and document prep. Click here.]

Federal Identity Document Policies

U.S. Passports and Consular Reports of Birth Abroad (CRBA)

Important. A federal court has temporarily blocked enforcement of the following Passport Policy.

The Gender Order directed federal agencies to strictly define sex in federal documents and to eliminate the option to select an X gender marker. On January 23, the Secretary of State instructed the State Department to stop processing gender marker changes and to remove the option to select an X marker from U.S. passports and CRBAs.

Under this currently paused policy:

  • No new X designations are issued.
  • Gender marker changes to reflect a person’s gender identity are no longer allowed.
  • Renewals, or reissuance (to replace a lost or damaged passport) of passports revert to sex assigned at birth, regardless of history of prior markers aligned with gender identity.

Previously Issued Passports 

U.S. passports and CRBAs with gender markers reflecting the holder’s gender identity— including those with an X marker — remain valid until they expire or are replaced.  

In a recent update to the State Department website, the agency confirms that “[a]ll passports – including those with an X marker or those listing a sex different from your sex at birth – will remain valid for travel until their expiration date, under International Civil Aviation Organization (ICAO) policy.”  Some people are taking the precaution of traveling with a printout of the State Department’s webpage linked above to show anyone questioning the validity of their passport. 

Note: Some countries require that your passport be valid for at least six months beyond your date of entry. Before international travel, always check the entry requirements for your destination. 

Travel Experiences 

As of the most recent update to this resource (June 2025), Lambda Legal is not aware of any confirmed incidents where individuals have faced problems leaving or reentering the United States using an unexpired passport issued prior to the 2025 policy changes—including those with an X gender marker. There have also been no verified reports of passports being confiscated upon reentry. 

Nothing in the Gender Order indicates that individuals with valid, unexpired documents should be denied domestic air travel. Travelers with up-to-date documents—including those issued before the new policy —should still be able to use them without issue. 

If you experience problems while traveling, you can reach out to Lambda Legal’s Help Desk for additional information and support. 

Name Changes on Federal Documents 

Despite restrictions on gender markers, a court-ordered name change reflecting a person’s authentic self is still permitted on federal documents. Individuals can change their name on a passport by submitting a certified court order and completing the proper application (DS-82 for renewals or DS-5504 for changes within a year). However, if the State Department can apply the 2025 policy as legal challenges unfold, renewals or reissuance will trigger the current restrictive policies, meaning that requests for name changes will allow the State Department to change the sex marker on your passport if it doesn’t match your sex assigned at birth. 

Social Security records can also be updated with a legal name change. However, the Social Security Administration (“SSA”) no longer permits updates to gender markers, and the State Department may cross-check records with SSA. 

Having inconsistent names across documents can lead to issues with employment verification (Form I-9), license renewals, or background checks. When traveling, it is recommended to bring certified copies of name change documents to avoid complications. 

Traveling With Children 

Individuals who are TGNCNBI and applying for a passport for their child should consider using the child’s birth certificate as the proof of citizenship rather than submitting the parent’s own passport. This helps avoid triggering review of a TGNCNBI individual’s own passport or passport record. 

Ongoing Legal Challenges to the Federal Passport Policy

Two federal lawsuits are actively challenging this policy.  

Schlacter v. U.S. Department of State (Lambda Legal) 

Filed on April 25, 2025, Lambda Legal’s lawsuit in the U.S. District Court for the District of Maryland challenges the State Department’s refusal to issue accurate passports to seven transgender U.S. citizens, including one nonbinary person. Despite submitting proper documentation—either to reflect their gender identity or a legal name change—each received a passport showing their sex assigned at birth. The plaintiffs include a Foreign Service Officer stationed abroad, as well as students, artists, attorneys, and caregivers. 

On May 15, Lambda Legal filed a motion seeking to block enforcement of the policy against these individuals while the case proceeds; a ruling is pending. This case builds on Lambda Legal’s longstanding efforts to advance legal recognition of TGNCNBI people, including securing the first U.S. passport with an X gender marker in 2021. 

Orr v. Trump (ACLU) 

Filed February 7, 2025, the ACLU’s lawsuit seeks to overturn the same policy on behalf of seven named plaintiffs and a proposed nationwide class. It aims to ensure individuals can update gender markers to M, F, or X in line with their identity. 

A federal court granted a preliminary injunction on April 18 for six plaintiffs. On June 17, the court expanded that protection to cover certain TGNCNBI people seeking accurate passports.  The ruling is in effect, but it will likely be appealed.  

Why These Cases Matter 

The federal passport policy introduced in early 2025 is the first in modern U.S. history to categorically deny TGNCNBI people access to accurate federal identity documents. For decades, individuals could update gender markers on passports—including selecting “X” as of 2022. This reversal has led to the issuance of documents that misrepresent people’s identities, force disclosure of private information, and heighten risks of harassment and discrimination. 

Both cases focus on the real harms caused by inaccurate documents and aim to restore access to accurate and affirming federal IDs. The cases, and the TGNCNBI people at the center of them, highlight the lived experiences of people who were denied accurate passports for no reason other than that they are TGNCNBI. 

Although the cases take different legal approaches, they are part of an important effort to stop the enforcement of this discriminatory policy. Together, they represent a strong legal response to the federal government’s attempt to erase transgender, nonbinary, and intersex people from recognition. 

Success in either or both cases would reinforce the principle that everyone has the right to live authentically—and that government cannot impose unscientific and absurd definitions of sex and gender on U.S. citizens. As the legal landscape evolves, we will keep this guide updated with the latest information. 

Understanding REAL ID Requirements 

Starting May 2025, the federal government is expected to enforce the REAL ID requirement for domestic air travel. REAL IDs are state-issued driver’s licenses or identification cards that meet federal security standards and display a star at the top. 

What You Need to Know 

  • A REAL ID will be required to board domestic flights and access certain federal facilities unless an individual presents a valid U.S. passport or other federally approved ID. 
  • State laws — not federal — control how gender markers appear on REAL IDs. Many states offer X gender markers or allow updates with appropriate documentation. 

Best Practices for TGNCNBI People 

  • Use a REAL ID that aligns with your gender identity if available in your state. 
  • Avoid using a passport as your primary domestic travel ID if it contains a gender marker that may expose you to scrutiny. 
  • Check your state’s documentation requirements for gender marker changes. 
  • Consider alternative forms of ID such as a passport card or enhanced driver’s license. 
  • Confirm that your ID meets REAL ID standards by looking for the star symbol and checking TSA compliance. 

Accessing Legal Help 

It is important to consider where you live and, if possible, to get legal advice specific to your situation before starting gender marker and/or name changes. The processes vary state-to-state for obtaining a legal name change and for updating gender markers on state identity documents such as birth certificates, driver’s licenses, or state ID cards. You can start by reviewing the detailed information about federal and state identity documents offered by Advocates for Trans Equality, The Movement Advancement Project, and Trans Lifeline. 

Actions to consider.  

Contact your state’s LGBTQ+ Equality Group for connections to attorneys in your city or state. Look to the website of the State Bar Association in your state which often has an “LGBTQ” or “Civil Rights” interest group which can connect you to lawyers in your state. The National LGBTQ+ Bar also might be able to provide contact information for LGBTQ+-friendly lawyers in your area or a local bar association that provides attorney referrals.  

Contact Lambda Legal’s Help Desk for additional information about your situation. The Help Desk does not give legal advice but usually has helpful information, can assist you to understand information you find online, and might have contact information for lawyers in your area with expertise relevant to your needs.   

If you are in crisis.  

Lambda Legal’s Help Desk is not able to assist with emergencies or immediate requests for legal assistance. Please contact a crisis hotline or any legal service provider that is equipped to provide emergency assistance. Here is contact information for several of our partner organizations. Keep in mind these lines are not branches of Lambda Legal and are instead resources for crisis intervention.