“X” gender passports
There have been rumors that intersex and non binary people will be banned from flying this month. This is not true. As of mid-October 2025, the status of “X” gender markers on U.S. passports has shifted again following changes under the current administration. For several years, Americans could choose M, F, or X on their passports without medical documentation, allowing nonbinary and gender-diverse people to have identification that reflected their lived identity. That policy was reversed early this year.
On January 20, 2025, President Trump signed Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” The order directed federal agencies to revert to a binary sex system—male or female—based on “biological sex at conception.” Shortly after, Secretary of State Marco Rubio instructed State Department staff to suspend applications requesting an X marker or a gender change. The department’s website was also updated to remove guidance on changing gender markers.
Passports that were already issued with an X remain valid until they expire, and travelers may still use them for international travel. However, new or renewed passports with an X designation have largely been put on hold pending litigation. The ACLU, Lambda Legal, and Immigration Equality have filed suits arguing that the rollback violates equal protection and administrative law.
In June 2025, U.S. District Judge Julia Kobick issued a preliminary injunction requiring the State Department to continue issuing passports consistent with gender identity, including X markers, for certain applicants. The administration appealed, and the case—Orr v. Trump—is now moving toward the Supreme Court. As a result, issuance has been inconsistent. Some passport centers are processing X designations under the injunction, while others continue to delay or deny them.
Recently, attention has focused on October 14, when technical changes in U.S. border and airline systems were expected to remove “X” as a valid gender code. Reports suggest that Customs and Border Protection and airline databases may now require staff to enter either M or F when processing travelers, even if a passport lists X. The Canadian government issued a travel advisory warning citizens with X passports that they might encounter difficulties entering the U.S. after mid-October.
The State Department has not announced a new formal rule, and existing court orders still apply. It appears the change is operational rather than legislative, reflecting internal adjustments in data systems rather than a clear policy revision.
In practice, travelers with X passports may face occasional manual processing or questions at check-in and border control, but their passports remain valid. Advocacy organizations recommend carrying documentation that confirms this legal validity until the issue is resolved.
In summary, passports already issued with an X gender marker remain valid for travel, but new issuances are contested. The October 14, 2025 change appears to involve computer system updates rather than new law, and further developments will depend on the outcome of ongoing court cases.
Based on reporting from the Associated Press, The Guardian, The New York Post, Reuters, and statements from the ACLU, Immigration Equality, and Lambda Legal.
