Changing the Gender Marker on Your U.S. Passport

The rules for the sex marker on a U.S. passport changed significantly in 2025, and the change has been the subject of ongoing court battles. If you are applying for, renewing, or replacing a passport, here is the current federal picture.

What changed

A January 2025 executive order (Executive Order 14168) directed federal agencies to use sex assigned at birth. Following it, the State Department stopped processing sex-marker changes and removed the “X” marker option from passports and Consular Reports of Birth Abroad. Under the current policy, a new passport is issued with an M or F marker matching the applicant’s sex at birth, and applicants cannot obtain a marker reflecting a different gender identity.

The court fight

The policy was challenged in Orr v. Trump. A federal court issued a preliminary injunction in mid-2025 temporarily blocking it, but in November 2025 the Supreme Court allowed the administration to enforce the policy while the case proceeds. As of 2026 the litigation is still active, so the rule could change again depending on the outcome.

Do existing passports still work?

Yes. A passport already issued with an M, F, or X marker remains valid until it expires. The restrictive policy applies to new, renewed, or replacement passports. Some people therefore choose to time renewals with the litigation in mind, though a passport must still be valid for travel.

Practical notes

• Because the policy is being litigated, check the current State Department guidance before you apply — the rule as of your application date is what governs.
• A mismatch between your passport marker and your appearance or other IDs can create friction at borders or with officials; carry supporting documents where helpful.
• Advocacy and legal organizations publish frequently updated “know your rights” passport resources that track the litigation.

This is general legal information, not legal advice, and it takes no position on the policy. Federal rules are in active litigation and can change. Confirm current State Department guidance and consult an attorney for a specific situation.

The law behind your rights

Transgender legal questions turn on several constitutional provisions, and the law shifted sharply in 2025–2026. The Fourteenth Amendment's Equal Protection Clause is central: in United States v. Skrmetti (2025) the Supreme Court held that a state ban on gender-affirming care for minors does not violate it, and in West Virginia v. B.P.J. / Little v. Hecox (2026) the Court held that state laws restricting transgender athletes on female sports teams do not violate it — leaving both issues largely to the states. The First Amendment's protection against compelled speech is why courts are split on whether the government can require a public employee to use a person's stated pronouns. The Fifth Amendment's due-process guarantee applies to federal action, such as passport policy under Executive Order 14168, which the Supreme Court allowed the government to enforce in 2025 while Orr v. Trump proceeds. Employment protection rests on Title VII as interpreted in Bostock v. Clayton County (2020). Because these rules vary by state and remain in active litigation, always confirm the current law. This is neutral legal information and takes no position on the underlying debate.

Constitutional basis: First Amendment, Fifth Amendment, Fourteenth Amendment. Your state constitution may add further protections.

These are landmark federal cases that establish the rights described above. How they apply can depend on your state, the federal circuit you are in, and the specific facts of an encounter. This is general legal information, not legal advice.