Seven transgender U.S. citizens filed suit against the U.S. Department of State, the Secretary of State, and the United States, challenging a policy requiring passports to identify individuals solely by their sex assigned at birth. Under this policy, some plaintiffs received passports reflecting their birth-assigned sex even after previously having passports that aligned with their gender identity, and in some cases without having submitted a renewal application. The plaintiffs assert that the policy violates the Equal Protection Clause, their Fifth Amendment rights to travel and privacy, their First Amendment right to free speech, and the Administrative Procedure Act (APA). They argue that the policy represents a significant departure from longstanding State Department practice, which historically allowed individuals to update their gender markers to reflect their gender identity and, more recently, provided an option for non-binary markers. The plaintiffs seek declaratory and injunctive relief to prevent the State Department from issuing passports using sex assigned at birth, as well as attorneys’ fees.
