A federal judge in Boston on Friday ordered the Trump administration to issue passports, instead of passport requirement, the gender of six transgender people shows the gender that the passports display sex on the original birth certificates of the applicants.
Judge Julia E. The order of the cobik was a win, at least temporarily, for six plaintiffs, who said that his claim was likely to be strong on his claim that a new policy by the Trump administration is in the form of unconstitutional sexual discrimination under the fifth amendment, as well as the Administrative Procedure Act. The Foreign Department adopted a new policy earlier this year, directing all government agencies to limit the official recognition of transgender identity to the President Trump.
Judge Kobik wrote, “The plaintiff has been deprived of personally by the government – they can no longer get passports according to their gender identity – their sex is assigned at birth.”
On Friday, the judge’s order applied for only six transgender plaintiffs, seeking new passports and sued the Trump administration. This order does not apply to a seventh plaintiff, which already holds a passport, is valid until 2028, with a sex marker that matches his gender identity. This order, which will remain as the matter proceeds, does not prevent the government from new passport requirement for other transgender people.
In court documents, the plaintiff, who prosecuted the government, argued that a mismatch between the sex listed on his passport and the way he thinks of himself and is believed to have a danger of doubt and enmity that does not face other Americans. During the first several weeks of Shri Trump’s administration, two plaintiffs received a passport with a “F” or “M” marker, which he requested. Another plaintiff learned that selecting a “X” marker, indicating a non -lingo identity, was no longer an option in the application process, although it was allowed since 2022.
Passport ban is part of a comprehensive effort by the Trump administration, which is to reduce the role of gender identity in organizing itself in American society. In a series of executive orders on transgender issues, Mr. Trump described the specialty of those whose gender does not match sex as “wrong claims” from sex on their birth certificate. The gender identity suggests, “is not a replacement for sex” and “provides a meaningful basis for identity.”
Libes of American Civil Liberty Union filed a lawsuit on behalf of the plaintiff, many of whom live in Massachusetts.
In a hearing in Boston and in court documents, the Trump administration lawyers argued that the government had a strong interest in the passport that accurately reflects the holder’s sex. The government also urged that the judge did not harm the plaintiff, if he had rejected to issue prohibition.
Government lawyers wrote, “They are free to travel with passport issued near passport or passport as per the passport policy.” “Most plains are traveling with a passport reflecting their birth sex for their entire life.”
But the judge said on Friday that the government had failed to demonstrate that its interest in maintaining similar data on sex in government agencies has been bored “adequate relations” for the new policy – the standards required to justify government policies or laws that discriminate on the basis of sex. It rejected the government’s argument that policy does not discriminate on the basis of sex as it applies to people of both sexes, saying that “the attention of investigation should be whether it is applied to a person, a classification on the basis of sex exists.”
The judge also found that the State Department was likely to violate the Administrative Procedure Act, which requires the agency’s policies “arbitrary and frugal”.
For the first time, the State Department had allowed transgender people to change their sex markers in the early 1990s, if they used to provide proof that they had passed through infection surgery. In 2010, the department began to accept a letter from a doctor stating that an applicant received “proper clinical treatment for gender infection”. In 2021, the state department issued the first passport with a gender-plate marker-“X”. The following year, the Biden administration released a new policy, allowing passport applicants to choose “M,” F “or” X “and according to court documents, the word” sex “with the” sex “was replaced with the passport application form.
Judge Kobik wrote, “The State Department did not describe its exercise of more than 30 years with the interpretation of the facts on which he did not consider the interests of his new determination and dependence in his previous policy,” by Judge Kobik.
Ernesto Londco Contribution reporting.
