All through the campaign for his second term, Donald Trump has instigated gender wars among his followers. He had promised that he would reduce the gender identities to the basic two and would take action to discourage transgenders. And he did exactly that. However, he probably did not count the authority and power of the judiciary branch.
In response to the Trump administration’s attempt to have limited gender markers on US passports, a district judge has blocked the referenced policy. U.S. District Judge Julia Kobick has temporarily blocked the executive order to have only male or female markers on the passports.
https://youtube.com/shorts/8upnQKwr1kM?si=W2ZUufzGmsi4vSG_
The ruling was issued on June 17, 2025. It expands on an earlier injunction that applied only to six plaintiffs. But this ruling now extends protections to all Americans while legal proceedings continue.
Judge Kobick has described the policy as “arbitrary and capricious.” She said that this policy may violate the constitutional rights of transgender and non-binary individuals. The court found that the executive order lacked a compelling governmental justification. This policy also hinders the equal protection act.
Kobick’s ruling has ensured that passport applicants can continue to select a gender marker that aligns with their identity. This also includes the “X” option for non-binary and intersex individuals.
JUST IN: A federal judge has barred the State Department from enforcing the Trump administration’s passport gender policy, which bars passport holders from select an X or identifying as a gender other than their sex at birth. https://t.co/nSLU7onxWx pic.twitter.com/WjuMUhrumd
— Kyle Cheney (@kyledcheney) June 17, 2025
The policy in question originated from the executive order signed by President Donald Trump on January 20, 2025, on the day of inauguration. The order is called “Defending Women from Gender Ideology Extremism and Restoring Biological Truth.” It mandated the removal of the gender-neutral “X” option from federal documents. It also required that all passports reflect the applicant’s sex assigned at birth, therefore dismantling the trans rights.
“No serious country should be telling its children that they were born with the wrong gender”
Donald Trump has vowed to combat ‘Left-wing gender insanity’ and push for legislation that only recognises two genders if he wins the 2024 elections in a video he posted on social media pic.twitter.com/3bk2r8F1UC
— TRT World (@trtworld) February 4, 2023
According to the Trump administration, the order was designed to protect women’s spaces. They also claimed to uphold biological definitions of gender. The Trump administration has waged a war against LGBTQ+ individuals, calling it radical gender ideology.
The directive pushes the notion that recognizing more than two genders would “erode societal norms and legal clarity.” It also claimed that reinforcing binary gender categories was necessary to preserve legal protections based on sex.
#WATCH: Donald Trump to sign executive order recognizing only 2 genders in the U.S. pic.twitter.com/qTD6Ji40NM
— 6ixBuzzTV (@6ixbuzztv) January 20, 2025
However, critics and civil rights groups have argued that this mentality is archaic. It disregards the scientific and medical consensus around gender identity. They have also argued that this unfairly targets already marginalized communities.
Judge Kobick’s ruling took particular note of the distress of transgender and non-binary individuals. These people experience discrimination and trauma when they are forced to carry identification documents that do not match their gender identity.
USA – ‘Trump’s new policies have created uncertainty for travellers as US immigration authorities may now require documentation showing ‘sex at birth’.https://t.co/DBo1yockWd pic.twitter.com/UtYx3iQ5Lk
— Road Trip EU (@RoadTripEU1) April 8, 2025
She cited the psychological harm, societal marginalization, and heightened risk of harassment. The fear of these becomes more prominent when an individual is traveling and is already separated from their support system and family.
Research cited in court filings points to disproportionately high rates of violence and discrimination against transgender Americans. Inconsistent documentation puts them at risk of emotional and physical harm, too.
Here come the lawsuits.
Seven families who are abusing their children filed a lawsuit Tuesday over President Trump’s executive order to halt federal support for gender-affirming harm of children.
PFLAG, a national group for family of vulnerable people who have been lied to… pic.twitter.com/j0FbbhKbJD
— Billboard Chris 🌎 (@BillboardChris) February 4, 2025
There have been broader national debates over gender identity and civil rights. People have even questioned the extent of the role of the government in defining personal identity. When the executive order was announced, it faced immediate backlash from LGBTQ+ organizations and civil liberties groups.
California Governor Gavin Newsom has publicly praised the injunction. He has called it “a crucial check against discriminatory overreach.” Whereas conservative figures have defended the policy and have argued that it upheld traditional values and biological reality.
