The day after President Donald Trump reinstated himself into office, Lisa Suhay took her 21-year-old daughter, Mellow, to a passport office located in Norfolk, Virginia, where they reside.
Acquiring a passport for Mellow, who identifies as transgender, had become urgent.
The situation escalated following an executive order Trump signed the night before, which employed a limited definition of genders.
The directive maintained that individuals are strictly male or female, dismissing the possibility of transitioning from the sex assigned at birth to a different gender.
This stance aligns with the beliefs of many conservatives but clashes with the perspectives of leading medical organizations and policies established during former President Joe Biden’s administration.
Suhay’s family desires for Mellow to have the ability to travel abroad if the situation for transgender individuals in the U.S. worsens as the federal government increasingly ignores their existence.
“If things were to threaten my life, I would need a way out,” Mellow shared.
Trump’s January 20 order raised significant concerns for Mellow and others who were in the process of obtaining new, renewed, or updated passports.
A group of affected individuals has since filed a lawsuit in federal court in Boston, contesting this policy.
Following Trump’s directive, the State Department promptly ceased the issuance of travel documents featuring the “X” gender marker, a designation preferred by many nonbinary individuals who do not align with traditional male or female identities.
Furthermore, the department halted the ability for individuals to amend the gender indicated on their passport or to obtain new documentation that reflects their gender identity rather than their assigned sex at birth.
Applications that were already in progress for gender marker changes were placed on hold, and the State Department even altered its webpage dedicated to “LGBTQI+” travelers to simply reference “LGB,” effectively erasing mentions of transgender or intersex individuals.
Aware of the new policy, Mellow felt compelled to select “male” on the application, despite it conflicting with her identity and her state-issued driver’s license.
“We were required to affirm that the information presented was accurate, even if it meant being dishonest to ourselves,” Mellow recounted.
Her mother expressed her apprehensions regarding the potential denial of Mellow’s passport application, as well as the complications that might arise if her documents do not align or if she is compelled to affirm an untrue statement.
Trump’s administration has previously targeted transgender individuals on multiple fronts.
This passport policy is only one of many measures taken since his return to office that could undermine the rights and legal acknowledgment of transgender, intersex, and nonbinary individuals.
The same executive order that seeks to enforce a binary definition of genders also mandates housing transgender women in male facilities within prisons.
Additional measures could facilitate the removal of transgender military personnel and restrict federal funding for gender-affirming healthcare for those under 19.
Moreover, it may prohibit transgender girls and women from participating in female sports competitions.
The ACLU’s lawsuit challenges the passport policy, alleging discrimination against individuals based on their gender identity, highlighting violations of equal protection, privacy, and freedom of expression rights.
It also brings attention to the lack of a 60-day notice and comment period that the policy change required.
The Trump administration has maintained that the amendments will not alter any currently valid passports.
Organizations like New Jersey’s Garden State Equality have cautioned members of the transgender and nonbinary communities about potential risks upon reentering the U.S. after traveling abroad, particularly for those with the “X” gender marker on their passports.
In a similar situation, Elise Flatland, a mother of four residing in Olathe, Kansas, is anxiously awaiting news regarding her 12-year-old transgender son’s passport application.
The family submitted the application in December alongside requests for passports for two of their other children, which they have already received.
The approval of her son’s passport is crucial for the family to seek gender-affirming care abroad, should it become inaccessible within the U.S.
Additionally, obtaining a passport would aid her son in navigating questions about his identity from peers, especially with the recent political climate having shifted since Trump’s election in November.
“There’s a noticeable increase in the boldness of anti-trans and anti-LGBTQ sentiments, coupled with a lack of social etiquette,” Flatland observed.
For Ash Lazarus Orr, an advocate for transgender rights in West Virginia, the anticipation of a passport status change has been stressful.
He expedited his application to alter the gender marker from “F” to “M” shortly before Trump’s inauguration, but the processing occurred afterward, leaving Orr doubtful regarding the acceptance of his request.
An additional issue for Orr is that the State Department currently possesses his passport, which is valid for several more years, as well as his birth certificate and marriage license, complicating his upcoming international travel plans.
“I fear the worst-case scenario is that my passport is lost throughout this administration, leaving me without travel documents,” Orr stated.
Zaya Perysian, a 22-year-old content creator from Los Angeles, faced challenges when she tried to change the gender marker on her passport, taking proactive measures after learning of Trump’s policy shift.
She purchased a flight to Canada to expedite her service request and went to an appointment with hope for an approved application.
However, she later received her new passport marked “male,” accompanied by a letter indicating her application had been “corrected.”
Perysian emphasized that this issue transcends mere travel documentation, stating, “They don’t want any trans person to feel validated.”
She believes there is a strong desire to revert societal views to a time when transgender individuals were marginalized and stigmatized.
Both Orr and Perysian are named among the plaintiffs in the lawsuit aimed at halting the new passport policy.
