Attorney General James Leads Coalition Opposing Changes to New Federal Passport Rule Harming Transgender Individuals

NEW YORK – New York Attorney General Letitia James today led a coalition of 11 other attorneys general in opposing the U.S. Department of State’s proposed changes to passport application requirements, which would prevent transgender and non-binary individuals from obtaining passports that accurately reflect their gender. Attorney General James and the coalition argue that the proposed changes would conflict with state laws, cause significant confusion, increase administrative burdens, and threaten public safety. The changes would also infringe on the rights of transgender and non-binary individuals to travel freely and safely, while exposing them to potential harassment, discrimination, and harm.

“All Americans deserve to have identification documents that accurately reflect their gender and who they are, and any attempt to take away that right is an attack on the dignity and freedom of transgender and non-binary individuals,” said Attorney General James. “The Trump administration’s proposed changes threaten the safety and well-being of our communities, create unnecessary barriers to travel, and put transgender and non-binary Americans at unnecessary risk. The federal government cannot trespass on Americans’ rights, and that includes the rights of transgender and non-binary people.”

On January 20, the Trump Administration issued an Executive Order declaring that the United States will only recognize two sexes, male and female, and instructing the Secretaries of State and Homeland Security, among others, to “implement changes that require that government-issued identification documents, including passports, visas, and Global Entry cards, accurately reflect the holder’s sex,” as defined by the Executive Order. The EO not only goes against acceptable medical standards and science, but attempts to erase the existence of intersex, transgender, and nonbinary people. The U.S. Department of State then proposed changes to several passport application forms that would prevent transgender and non-binary Americans from obtaining a passport consistent with their gender and ignores the existence of intersex Americans. The Executive Order and proposed application form changes break with decades of federal policy on gender identity, including the ability for individuals to align their gender markers on identifying records and documents with their gender identity.

In their letter, Attorney General James and the coalition highlight the harmful consequences of this policy, including the potential for transgender and non-binary individuals to be outed, harassed, or denied access to essential services. Forcing a transgender or non-binary person to have identity documents that do not match their gender impedes their ability to live freely and could cause confusion, delays, or harassment when they travel within the United States and internationally. This is only compounded by the individual psychological harm that the new policy could cause.

The attorneys general also emphasize that many states, including New York, have enacted laws that allow individuals to change gender markers on birth certificates, driver’s licenses, and other legal documents without medical documentation. State laws also allow individuals to seal their original birth certificate or name change from disclosure. The proposed federal changes would create inconsistencies between state and federal identification documents, leading to confusion for state agencies, employers, public accommodations, and law enforcement. In such cases, individuals would likely experience harassment or delays when trying to access resources, and states would likely be forced to expend needless resources to review mismatched documents and ensure compliance with the law.

Attorney General James and the coalition strongly urge the State Department to withdraw the proposed changes and instead uphold policies that respect the rights and dignity of all individuals, regardless of their gender identity.

Joining Attorney General James in submitting the comment letter, which was co-led by Massachusetts Attorney General Andrea Campbell, are the attorneys general of California, Connecticut, Hawaii, Illinois, Minnesota, Nevada, New Jersey, Oregon, Vermont, and Washington.