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Following a recent executive order signed by President Donald Trump, passport applications with "X" sex markers and changes to gender identity on existing passports have been frozen, since the order states that the US recognises only two sexes: male and female.
This move has been met with swift implementation by the US State Department, with Secretary of State Marco Rubio issuing a directive to staff on Thursday, reported the Guardian.
At the heart of the issue is the definition of sex and gender. Rubio's email states, "The policy of the United States is that an individual's sex is not changeable". This stance is reinforced by Trump's executive mandate, which declares that the US recognises only two sexes: male and female, describing them as an "immutable biological reality".
His directive also states that "sex, and not gender, shall be used" in official documents such as passports and consular reports of birth abroad documents.
The implications of this policy are far-reaching, affecting both current and future passport applications. Staff at the State Department have been instructed to "suspend any application requesting an X sex marker" and to "suspend any application where the applicant is seeking to change their sex marker". This move has raised concerns about the validity of existing passports with "X" identification, although the White House has clarified that these passports will remain valid, with issues arising only during renewals.
The state department started issuing passports with the non-binary third gender identification "X" in April 2022.
The executive order, titled "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government," has been criticised for its restrictive stance on gender identity. The order requires government-issued identification documents, including passports, visas, and entry cards, to reflect an individual's "immutable biological classification as either male or female".
In contrast, the State Department had begun issuing passports with the non-binary "X" gender marker in April 2022, in recognition of the diverse range of gender identities. However, with the new executive order in place, the processing of passport applications with "X" gender markers has been halted.
As the situation continues to unfold, it remains unclear how many passports currently use the "X" option. Nevertheless, the impact of this policy is likely to be significant, affecting not only individuals with non-binary gender identities but also the broader LGBTQ+ community.