Rubio Halts ‘X’ Gender Passports, Reversing Biden Policy

WASHINGTON, D.C. — Secretary of State Marco Rubio directed the State Department on Thursday to immediately suspend processing passport applications with an “X” gender marker, reversing a policy introduced under the Biden administration that allowed nonbinary, intersex, and gender-nonconforming individuals to select a marker reflecting their gender identity.

The directive, issued Jan. 21, 2025, aligns with an executive order signed by President Donald Trump earlier this week, which enshrines the federal government’s recognition of only two sexes: male and female. The order states that sex is an “immutable biological reality” and requires all government documents, including passports and visas, to reflect the holder’s sex assigned at birth.

“The Department will no longer issue U.S. passports containing an X sex marker and will suspend applications seeking to change an individual’s sex marker,” Rubio’s order reads. It further instructs State Department employees to halt all current and future applications pending further guidance. The policy makes no exceptions for individuals who have undergone gender-affirming surgery, stating that “the policy of the United States is that an individual’s sex is not changeable.”

According to the White House publication NOTUS, trans and nonbinary individuals will be allowed to retain their current passports, but renewals will require the holder to select either male or female, matching their sex assigned at birth. Rubio’s order suggests that guidance on existing passports with an “X” marker will be issued separately.

The State Department first introduced the “X” gender marker in 2021, allowing applicants to select a marker reflecting their gender identity without requiring medical certification. In 2022, the option was expanded to include nonbinary, intersex, and gender-nonconforming individuals. Rubio’s directive eliminates these options, marking a significant rollback of LGBTQ+ rights advancements under the previous administration.

LGBTQ+ rights organizations have vowed to challenge the policy in court. “We’ve been here before,” said Carl Charles, a senior attorney at Lambda Legal, referencing a legal battle during the first Trump administration over the denial of an accurate passport to an intersex client. “This policy will certainly be challenged.”

The State Department did not immediately respond to a request for comment. The webpage announcing the introduction of the “X” gender marker was taken down this week, according to a review of screenshots.

Rubio, who was unanimously confirmed as Secretary of State earlier this week, is set to make his first foreign trip at the end of the month, traveling through Central America as part of the administration’s broader efforts to curb migration to the U.S. through the southern border.