Transgender Americans challenge Trump passport policy changes in court

• The American Civil Liberties Union is suing the Trump administration over changes to U.S. passport policy for transgender Americans. The ACLU is seeking a preliminary injunction to block the executive order on Tuesday as its lawsuit on behalf of seven plaintiffs plays out.
• Plaintiffs argued the policy has restricted their travel and fear it will have harmful repercussions.
• The Trump administration contends the executive order is in line with the U.S. Constitution and does not harm the plaintiffs.

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The American Civil Liberties Union (ACLU) is suing the Trump administration on behalf of multiple people over a policy barring transgender Americans from getting passports that match their gender identity.

When will the case first be heard?

The ACLU’s case against the federal government will begin in court on Tuesday, March 25, in Boston, as the civil rights group seeks a preliminary injunction to halt the Trump administration policy while its lawsuit moves forward.

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Who is the lead plaintiff in the case?

The lead plaintiff in the case is Ash Lazarus Orr, a transgender man from West Virginia.

“I have transitioned from female to male,” Orr said. “I am a trans man, and all of my documentation accurately represents this transition. However, with my passport, due to the current executive order and Marco Rubio’s policy, the government is wanting to issue me a passport with the inaccurate sex designation.”

What does Orr allege?

Orr argued an executive order issued by President Donald Trump on his first day in office banning the use of the “X” marker and changing gender marker rules has left him bound to the United States by creating major barriers to travel globally and domestically for months.

“Due to this, I have not been able to travel internationally, which has led to me access to gender-affirming care,” Orr said. “I am also unable to freely move around the country.”

What does the ACLU lawsuit say?

The ACLU’s lawsuit stated that the seven plaintiffs in the case have all faced “mistreatment due to their gender identities, and they fear that having incorrect sex designations on their passports will cause them further mistreatment– including putting them in danger.”

What happened in Orr’s case?

Before applying for his new passport, Orr said he was accused of using fake documents by the U.S. Transportation Security Administration (TSA) while traveling from West Virginia to New York.

Orr said it is because he had a male designation on his driver’s license but a female one on his passport.

The incident led him to request and updated passport with a male designation, days before Trump took office.

“I had assumed that, you know, I’d be getting my passport back in a timely manner.” Orr continued, “I paid for my expedited services. I was doing a simple name change and gender marker update, and unfortunately, even though my passport packet was received prior to the inauguration, I did not receive my passport back. I still am without a passport at this moment in time.”

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What is the Trump administration saying?

The Trump administration asserted the president has broad authority to enforce passport policy and the plaintiffs in the lawsuit would not be harmed by the changes because they are still able to travel abroad.

Following Trump’s executive order, the U.S. State Department suspended issuing travel documents with “X” gender markers and disallowed the alteration of the gender listed on a person’s passport from the one assigned at birth.

The Trump administration responded to the lawsuit, arguing its passport changes are not in violation of “the equal protection guarantees of the Constitution.”

Why is it in line with other Trump policies?

The policy is in line with several changes during the Trump administration, including the removal of transgender members of the military and banning transgender girls and women from competing in women’s sports.