Can Trans People Get Passports? Eligibility & Application Process

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How to apply for a US passport that matches your gender identity

Co-authored by Glenn Carreau

Last Updated: September 25, 2025 Fact Checked

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Can trans people get accurate passports?

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Lawsuit Background

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Are you eligible?

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How to Get a Passport

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Risks of Updating Passport

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Can you use a passport with the wrong gender?

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If you’re a member of the LGBTQ+ community—more specifically, a transgender, nonbinary, or intersex individual—you may be concerned by recent policies put in place by the federal government. That’s very understandable, but fortunately, it is still (temporarily) possible to get a passport that accurately reflects your gender identity, despite a January executive order issued to prevent it. This is because of an ongoing lawsuit from the ACLU. In this article, we’ll explain the current situation surrounding the lawsuit, what it means for your passport renewal and travel plans, and how to get your passport updated with your preferred gender marker (if you choose to do so).

Obtaining a Passport as a Trans Person: Overview

Trans, nonbinary, and intersex people can obtain accurate passports again as of June 17, 2025, by submitting an attestation form with their passport applications. The Trump administration issued an executive order preventing this, but an ACLU lawsuit, Orr v. Trump, has resulted in the order being temporarily blocked.

Section 1 of 6:

Can trans people get accurate passports?

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For a limited time, yes, trans people can get accurate passports. At the beginning of 2025, trans and nonbinary Americans were blocked from updating their passports to have accurate gender markers that match their gender identity by an executive order from the Trump administration. However, as of June 17, 2025, a court ruling forcing the State Department to process new applications has cleared the way for trans and nonbinary people to update their passports.^{[1]
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- Keep in mind that, as long as the current administration maintains its stance on LGBTQ+ rights, this is only a reprieve.
- While the State Department is currently processing applications for updated passports, that could (and likely will) change in the future, which is why many LGBTQ+ civil rights groups are urging people to act as soon as possible.

Section 2 of 6:

Recent Changes in Sex Designation on Passports

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On January 20, 2025, a “gender ideology” executive order was issued. This executive order from the Trump administration was designed to limit the rights of trans and nonbinary individuals, barring them from updating the sex designation on their passports to accurately reflect their gender identity. It went into immediate effect, causing major fears among LGBTQ+ individuals about their ability to travel in the future.^{[2]
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- The White House’s executive order is officially called “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”
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A federal court temporarily blocked the order on June 17, 2025. The American Civil Liberties Union (ACLU) filed a lawsuit against the Trump administration on behalf of seven transgender, nonbinary, and intersex individuals. This lawsuit, Orr v. Trump, led to the U.S. District Court for the District of Massachusetts issuing a ruling that temporarily blocked the executive order.^{[3]
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- While the government fights the ruling in court, transgender, nonbinary, and intersex individuals are once again able to update their passports to include a correct gender marker.
- You can keep up with the status of Orr v. Trump on the ACLU’s website.

Section 3 of 6:

How to Know if You’re Eligible to Update Your Passport

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Everybody should currently be eligible to update their passport. The June 17 court order allows all Americans whose gender identity differs from their sex assigned at birth to self-identify the gender marker on their passport. That’s a pretty broad category, applying to all transgender, nonbinary, and intersex Americans—unless they already have a passport with an accurate gender marker that won’t expire for over a year.
- According to the State Department’s website, the court order allows Americans to seek a passport with an updated M, F, or X gender marker if:^{[4]
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  - They don’t have a valid passport.
  - They need to renew a current passport before it expires (within 1 year).
  - They need to change their passport so the gender marker matches their gender identity or to reflect a name change.
  - They need to replace a passport that has been lost, stolen, or damaged.

Section 4 of 6:

How to Get a New Passport as a Trans Person

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Fill out an attestation form along with your passport application. You can find an attestation form on the State Department’s travel website—specifically, on the “Sex Markers in Passports” page. Then, you’ll need to fill out the correct passport application for your situation (based on whether you’re renewing a passport or getting one for the first time).^{[5]
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- An application for a new U.S. passport requires form DS-11.
- A renewal application requires form DS-82.
- An application to change or correct your passport requires form DS-5504.
- If you want an “X” gender marker on your passport, do not fill in the gender selection on your main passport application. There’s no “X” option there. Instead, check the “X” marker on your attestation form.
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Submit all required documents and your application. Passport applications can be submitted at post offices or other authorized passport acceptance facilities. You’ll need to verify your ID, and the passport agent will also give you an oath and have you sign the application. Beyond that, you’ll also need evidence of U.S. citizenship, a photo for the passport, and a copy of your photo ID.^{[6]
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- You can find all passport application requirements on the State Department’s travel site.
- If you apply in person, you may need to remind the passport agent of your right to request an accurate passport (if they aren’t up to date on the court order).
You should currently be able to get an updated passport without an issue—but, if you do end up facing issues anyway, you have legal options. The ACLU has an online intake form that you can submit for assistance. Additionally, Lambda Legal has a help desk with additional resources (although you should opt for the ACLU if it’s a time-sensitive issue).

Section 5 of 6:

Is it risky to update your passport with accurate gender markers?

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Yes, it may be risky to update your passport as a trans individual. You should be aware that the State Department takes note of transgender people who apply for an updated passport (as members of the class in the ACLU’s Orr v. Trump lawsuit). Attestation forms are tracked, and if a higher court overturns the previous ruling, the State Department plans to revoke and replace passports updated via attestation form.
- However, it’s debatable whether the government could (legally) revoke passports at such a large scale.
- Passports obtained via attestation form are still legally and properly obtained—and the State Department only has the authority to revoke passports issued erroneously.
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LGBTQ+ people must judge for themselves if an update is worth it. Ultimately, it’s your decision whether you want to correct your gender marker on your passport—and when you want to do it. Think it through and make the best decision that you can, according to your own circumstances; there’s no right or wrong answer. And remember: the information you give on passport applications is still protected by privacy laws!
- If you have a passport already and it won’t expire for several years, for example, you might not want to update it so hastily.
- On the other hand, if your passport is expiring soon, you may want to take the risk and get it renewed as soon as possible.

Section 6 of 6:

Can you use a passport if the gender marker is wrong?

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Yes, but you should bring other identification documents to be safe. You can absolutely travel with a passport even if the gender marker is incorrect, whether you got it before the executive order or after. Still, when you travel, it’s a good idea to bring a Real ID-compliant driver’s license, or some other backup document proving your identity—just in case state or federal officials try to harass you about it.
- Real ID driver’s licenses can also be used for domestic flights (in place of passports).