Coalition of Attorneys General Opposes Proposed Federal Passport Rule Changes
A coalition of 12 state attorneys general, led by New York Attorney General Letitia James, is pushing back against proposed changes to U.S. passport application requirements that they say could negatively impact transgender and non-binary individuals.
The U.S. Department of State’s proposed modifications would require government-issued passports and other travel documents to align with the sex assigned at birth, rather than an individual’s gender identity. Opponents argue that this change could create legal inconsistencies with state policies, increase administrative complications, and pose challenges for those affected when traveling.
In a letter submitted to the State Department, the attorneys general assert that the policy would subject transgender and non-binary individuals to potential harassment, discrimination, and logistical obstacles when using identification that does not match their gender identity. They also highlight concerns about public safety, stating that mismatched identification could lead to confusion or delays when traveling domestically and internationally.
“These changes would make it significantly more difficult for many Americans to obtain accurate identification, creating barriers to travel and increasing risks of discrimination,” the coalition stated.
The proposal follows a January 20 executive order from the Trump administration, which directs federal agencies to define legal sex as strictly male or female. Critics argue this directive overlooks decades of policy allowing individuals to update gender markers on identification documents to reflect their gender identity.
Several states, including New York, have implemented laws allowing residents to amend gender markers on birth certificates, driver’s licenses, and other official documents without requiring medical documentation. The attorneys general contend that the proposed federal rule could cause inconsistencies between state and federal identification policies, complicating processes for state agencies, employers, and law enforcement.
The coalition urges the State Department to abandon the proposed rule, arguing that existing policies allowing gender marker changes better align with modern legal and medical understandings of gender identity.
Attorneys general from Massachusetts, California, Connecticut, Hawaii, Illinois, Minnesota, Nevada, New Jersey, Oregon, Vermont, and Washington joined James in opposing the rule. The State Department has not yet responded to the letter or indicated whether it plans to revise its proposal.