U.S. Customs and Border Protection (CBP) has begun enforcing a new rule requiring airlines to ignore any “X” gender markers on passports and instead enter either “M” or “F” for all passengers.
Announced in a July 7 bulletin, CBP said the rule stems from an earlier executive order by former President Donald Trump aimed at eliminating recognition of transgender identities. The directive took effect on July 14, with airlines given 90 days to comply before full enforcement.
Now in effect, the rule has sparked widespread concern over how it will be implemented in practice.
“It’s a little bit too soon to say how this is going to practically work out,” said Andy Izenson, senior legal director of the Chosen Family Law Center.
The guidance appears to allow airlines carrying passengers with nonbinary gender markers on their passports to select either “male” or “female” for them in advance passenger information forms, without penalty. The policy has been criticized as a needlessly invasive and humiliating process.
“[T]hat’s gonna hurt people in their souls to have to do when they already had to fight to get the X marker,” wrote one Bluesky user in response.
The Canadian government has also warned citizens with an “X” gender marker on their passports about potential travel complications.
“While the Government of Canada issues passports with an ‘X’ gender identifier, it cannot guarantee your entry or transit through other countries,” the Department of Global Affairs noted in a travel advisory on its United States travel advice page. “You might face entry restrictions in countries that do not recognize the ‘X’ gender identifier.”
Passports bearing “X” markers remain valid for travel within the United States under a June ruling by a federal district court in Massachusetts. The decision came in response to the Trump administration’s attempt to ban such passports under Executive Order 14168.
Although the courts blocked a full ban on third-gender markers, the Trump administration has used the new CBP rule to further complicate the plight of transgender and non-binary Americans.
“I would suggest the intent is to ensure that any individual person who’s acting under color of law or as an agent of the state has as much leeway to act out their personal bigotry as they want, without any concern about consequences,” Izenson told The Guardian.
The U.S. Supreme Court is currently weighing whether to uphold the Massachusetts federal court’s ruling.
These are challenging times for news organizations. And yet it’s crucial we stay active and provide vital resources and information to both our local readers and the world. So won’t you please take a moment and consider supporting Metro Weekly with a membership? For as little as $5 a month, you can help ensure Metro Weekly magazine and MetroWeekly.com remain free, viable resources as we provide the best, most diverse, culturally-resonant LGBTQ coverage in both the D.C. region and around the world. Memberships come with exclusive perks and discounts, your own personal digital delivery of each week’s magazine (and an archive), access to our Member's Lounge when it launches this fall, and exclusive members-only items like Metro Weekly Membership Mugs and Tote Bags! Check out all our membership levels here and please join us today!
You must be logged in to post a comment.