If you're transgender, non-binary, or gender diverse and planning to travel using a U.S. passport, you likely have questions about whether you can update the gender marker. The landscape has changed significantly in 2025 - and staying fully informed is critical.

What Is the Current Policy?

Gender Marker Choices

As of November 6, 2025, the United States Department of State (DOS) is operating under guidance that requires passports to use the gender marker "M" or "F" based on the holder's sex assigned at birth. This follows an executive order signed on January 20, 2025, that defines federal documents to recognize only male or female based on biological sex.

What About the "X" Marker Option?

The option to select an "X" marker (for non-binary or gender-nonconforming individuals) was available from April 11, 2022, until early 2025. On January 23, 2025, Secretary of State Marco Rubio instructed staff to stop processing any applications requesting an "X" marker or requesting a gender marker change. Existing passports with an "X" marker remain valid until they expire or are replaced.

Legal Challenges and Uncertainty

A federal judge issued an injunction on June 17, 2025 in Orr v. Trump that temporarily blocked the enforcement of policies restricting passport gender markers to sex assigned at birth. However, the Supreme Court of the United States allowed the Trump-administration policy (male/female only) to move forward while litigation continues. As a result, the policy remains in flux - meaning trans and non-binary travelers face uncertainty.

What This Means for Travelers

If You're Applying or Renewing Now

  • You will be asked to select M or F - you should expect that the passport will align with the sex listed on your birth certificate or other foundational documents.
  • If you identify as non-binary, gender-nonconforming, or use an "X" marker currently, you cannot rely on the "X" being available at the moment.
  • If you already hold a passport with an "X" marker or a gender that reflects your identity and not the sex at birth, it remains valid until expiration, but renewal will likely revert to sex at birth.
  • If you recently submitted an application requesting a change of marker or "X", monitor your application status and seek legal advice if you believe your rights are affected.

If You Hold a Passport with an "X" Marker or Gender That Doesn't Match Sex at Birth

  • It’s still valid for travel, provided your document is not expired and has not been revoked.
  • Be aware that future renewals may be processed under the male/female requirement - meaning the "X" marker or different marker may not be re-issued.
  • When traveling internationally, you may face questions or extra scrutiny at borders if your appearance diverges from your gender marker, although legally your passport remains valid.
  • If you're concerned about safety or identity, carry corroborating documentation (driver's license, state ID, or legal name-marker changes) and consider speaking with an attorney before travel.

Steps to Take Now If You're a Trans or Non-Binary Traveler

  • Review your current passport. Note the gender marker, its validity date, and whether it matches your identity or foundational documents.
  • If you travel soon, don't delay renewal if your passport expires - travel interruptions may be greater if a replacement runs into policy-processing complications.
  • When you apply or renew, be prepared to select M or F, to provide foundational documents that may align with sex at birth, and to be subject to extra processing or scrutiny.
  • Keep your travel plans flexible - because of policy uncertainty, processing times or application outcomes may change.
  • Monitor official updates from the State Department's "Sex Marker in Passports" webpage until the litigation is resolved.
  • Consider consulting an immigration or identity-law attorney if your legal name, gender marker, or identity documentation are critical for travel or safety reasons.

Frequently Asked Questions (FAQ)

Q: Can I still travel if my passport has an "X" marker?
A: Yes - if your passport was validly issued and remains valid, you may travel. The document is valid under ICAO standards until expiration. However, be aware you may face additional questions or potential complications when entering or exiting other countries.

Q: Do I need a doctor’s letter or surgery to change the gender marker?
A: Under the 2022-2024 policy, no medical documentation was required to select an "X" marker. That policy is now suspended. Currently the male/female only policy applies, so marker changes are not being processed in the same way.

Q: Are trans people being denied passports solely because of gender identity?
A: The gender marker policy itself is not described as a denial tool, but changes to marker eligibility could impact transgender or non-binary applicants. If an applicant is otherwise eligible for a passport (citizenship, ID, etc.), gender identity should not alone result in denial. That said, because policy is in flux, increased vigilance and documentation is recommended.

Q: Can I choose to keep my old passport with an "X" for travel indefinitely?
A: Your passport is valid until it expires. When it expires, any renewal will likely need to follow the current male/female policy. So yes, you can use it while valid - but do not assume you can renew it with the same marker.

Final Thoughts

The policy for gender markers on U.S. passports has shifted dramatically in 2025. While there remain valid passports with "X" or gender markers not matching sex at birth, new applications and renewals are currently restricted to "M" or "F" aligned with sex at birth.

For trans and non-binary travelers, this means extra caution, documentation planning, and monitoring for updates. Whether travel is for work, study, family, or leisure, staying ahead of these changes is essential.

If you need help renewing your passport, verifying your documents, or preparing for safe international travel, we are here to guide you accurately, quickly, and with your best interests in mind.