After two weeks of noncompliance with a court order from a class action lawsuit, the State Department's help page, updated two days ago, indicates that transgender people can get a passport with their authentic gender at least temporarily, as Orr. Vs. Trump moves through the legal process.
On June 17, 2025, U.S. District Judge Julia Kobick in Boston expanded a preliminary injunction she issued in April that allowed six transgender and nonbinary individuals who challenged the policy to obtain passports consistent with their gender identities or with an "X" sex designation while the lawsuit moves forward, Reuters Reports.
Kobick did so after concluding the policy the U.S. Department of State adopted pursuant to an executive order Trump signed likely discriminated on the basis of sex and was rooted in an irrational prejudice toward transgender Americans that violated the U.S. Constitution's Fifth Amendment.
Will Trump appeal this to the Supreme Court? According to the Trump Anti-LGBTQ+ Executive Order Litigation Tracker he hasn't done that yet.
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