By Tiffany Williams –
On January 20, 2025, the Trump Administration issued a controversial Executive Order declaring that the United States will officially recognize only two sexes—male and female.
This bold mandate, issued by President Trump, requires the Secretaries of State and Homeland Security, along with other relevant agencies, to take decisive actions to “implement changes that necessitate government-issued identification documents—including passports, visas, and Global Entry cards—to accurately reflect the holder’s sex,” as strictly defined by the parameters set forth in the Order. This new directive marks a profound departure from decades of established federal policy regarding gender identity, which had allowed individuals the autonomy to modify the gender markers on their identification documents to reflect their self-identified gender.
In a spirited response to this Executive Order, Connecticut Attorney General William Tong aligned himself with a coalition of 12 attorneys general from various states across the nation. Together, they submitted a compelling comment letter to the U.S. Department of State, articulately voicing their staunch opposition to the proposed alterations in the passport application process. These changes threaten to hinder transgender and non-binary individuals from successfully obtaining passports that accurately represent their gender identity.
Within their letter, the coalition underscores the significant harm these proposed changes could inflict upon non-binary and transgender individuals. Mandating that a transgender or non-binary person possess identification documents that do not align with their gender identity can severely obstruct their ability to travel freely and live authentically. The letter highlights distressing scenarios where individuals forced to present a passport that does not correspond with their physical appearance may encounter confusion, lengthy delays, or even harassment during both domestic and international travel. Such potential disruptions not only complicate travel experiences but also amplify the psychological distress faced by those navigating a society that often invalidates their identity.
Moreover, the coalition points out that this policy poses an acute risk of confusion and complications between state-issued identification cards and federal identification documents. The proposed changes starkly contrast with existing state laws in numerous jurisdictions that permit individuals to amend their gender markers on official documents, thereby facilitating their ability to engage fully with society and access public services. Notably, at least 16 states—including Connecticut—allow transgender and non-binary individuals to correct the gender markers on their state-issued birth certificates to accurately reflect their gender identity. Should these regulations regarding federal passports be enacted, individuals may find themselves facing significant delays and obstacles when trying to access vital resources due to mismatches between their state and federal documents. Additionally, states could encounter unnecessary administrative burdens when processing these mismatched documents, diverting crucial resources away from other essential public services.
The comment letter, spearheaded by Massachusetts Attorney General Andrea Joy Campbell and New York Attorney General Letitia James, has garnered support from a diverse coalition of attorneys general from states such as California, Hawaii, Illinois, Minnesota, Nevada, New Jersey, Oregon, Vermont, and Washington. Together, they endeavor to vocalize their deep concerns and advocate for the rights and dignity of transgender and non-binary individuals amid these proposed regulatory changes, standing firmly against efforts that threaten to undermine their identities and lived experiences.