
Identity Document Updates for Transgender People
Identity Document Updates for Transgender People: Current Considerations
As of February 3, 2025
Background and Context
It’s completely understandable to feel scared, angry, or alarmed by the January 20 so-called “gender ideology” executive order and the others that have followed. These feelings are valid. The orders appear designed to create confusion and disruption in our daily lives.
Transgender and nonbinary people are integral members of our communities – serving as judges, teachers, doctors, first responders, and countless other vital roles. They are beloved members of our families. This fundamental reality won’t change. While these orders will create additional hurdles and barriers for far too many of us, they don’t alter the essential contributions and presence of transgender and nonbinary people throughout society.
The practical impacts of these orders are evolving. GLAD Law is working to answer questions as best we can as we learn more.
Federal ID Documents Questions and Answers
The following Q&A provides general information about federal identity documents at this time. For many people individualized decisions will need to be made. Please contact GLAD Law Answers for questions specific to your situation.
Regarding travel specifically: While the order will likely make things more complicated, there have been no directives suggesting people with IDs that don’t match their presentation won’t be able to travel. That said, we know that having nonconforming IDs can lead to additional scrutiny and potential mistreatment by TSA and other agencies – issues that many transgender and nonbinary people already navigate.
What does the EO say about Passports and federal identity documents?
The order directs the Secretaries of State and Homeland Security to modify passport, visa, and Global Entry policies to reflect only the sex designations male and female, which the new administration has defined in a very restrictive way.
When do these changes take effect?
Some changes have already happened. And, the order sets various implementation timelines: agencies have 120 days to report on their implementation plans. However, like any executive order, it may face legal challenges that could affect timing and implementation.
Can I still get an X marker on my Passport?
No. The Trump Administration has stopped issuing Passports with X markers.
Can I still change my gender on my Passport or Consular Report of Birth Abroad?
No. The Trump Administration has stopped processing changes of gender markers on Passports and CRBAs.
Can I still change my name on my Passport or with Social Security?
Yes. As of now, one can still change a name on federal documents.
What if I have a Passport with an X marker or with my gender updated?
As of now, these unexpired documents remain valid. They may issue further policies. As the situation evolves, we will update you. We have no indication that people are unable to travel with these documents or with federal documents that may be inconsistent with state documents.
What about my birth certificate? Can I still amend my gender marker on that?
If you are a U.S. citizen born abroad and have a Consular Report of Birth Abroad, you can no longer change your gender marker on that record.
If you were born in the U.S., state law determines whether you can amend your gender marker. This EO did nothing to change state law. If you can amend under your state laws or rules, you can still amend.
What should I do if I need to apply for/renew a Passport or Visa now?
Keep in mind that you cannot ask for an X marker, and you cannot ask for a gender marker change. When you are applying for a Passport or seeking to renew your Passport, you must respond truthfully to questions about your designated sex at birth or risk having your application denied.
If you apply for a new Passport or a renewal, as with any Passport process, the agency may retain your documents for some time. Please make sure to keep certified copies of any identity documents you submit so that you have valid identification during the application process.
What if I already have a Passport with a gender marker different from my sex assigned at birth?
The order doesn’t specifically address existing passports. Until new policies are announced, previously issued documents should remain valid through their expiration dates. GLAD Law is monitoring developments around this order closely and will update this document as we learn more information.
If I have an X gender marker or gender marker that does not conform to my sex at birth on my Passport or driver’s license/ID card, can the TSA prevent me from flying?
Nothing in the executive order suggests people with nonconforming gender markers on valid documents should be turned away from a flight. GLAD Law is monitoring developments around this order closely and will update this document as we learn more information.
If the gender on my birth certificate still conforms to my sex at birth, when I apply for a Passport will I be able to have the sex marker on my passport reflect my gender identity and expression?
The executive order means you will not be able to change your sex marker on your passport to reflect anything other than birth sex.
If I have a gender marker on my Passport or driver’s license/ID card that does not conform to my sex at birth, can my gender expression be used by the TSA to prevent me from flying?
Nothing in the executive order suggests people with nonconforming gender markers on valid documents should be turned away from a flight. GLAD Law is monitoring developments around this order closely and will update this document as we learn more information.
If I have identity documents that conform to my gender identity, should I change them to conform to my sex at birth?
GLAD Law is closely tracking developments, and we are not able to provide insights into this at this time. People should make individual assessments of best next steps for them and as we learn more about how federal policy is being changed to conform to the administration’s directives, we will share more.
Current Recommendations
If you’ve been considering updating your identity documents, now may be the right time to update state-level documents like driver’s licenses and birth certificates so you have them should federal policies change. If you are in New England you can find resources for these changes here. For other states, you can find information about pathways to update these documents at LGBT MAP.
Guideposts for Decision-Making
Consider these factors when deciding how to proceed:
- Immediate Needs: Assess which documents you use most frequently for employment, healthcare, financial interactions, travel, or other essential activities.
- State Residence:
- Research your state’s current policies for document updates. A4TE’s ID Documents Center is a good place to start. If you live in New England, you can also visit GLAD Law’s ID Project.
- Consider whether you expect to remain in your current state long-term
- Timeline Considerations:
- Be aware of processing times for different documents
- Consider which changes might be most time-sensitive
- Factor in any upcoming life changes (moving, job changes, travel)
- Support Network:
- Connect with local LGBTQ+ organizations for guidance
- Consult with trans-affirming legal resources if available
- Consider having a support person help navigate the process
Remember that these decisions are personal and should be based on your specific circumstances, needs, and comfort level. Consider consulting with transgender competent legal professionals or LGBTQ+ organizations for personalized guidance. Some places to start are GLAD Law Answers, NCLR’s Help Desk, and the National LGBTQ Bar Association