Credit: (AP Photo/Thomas Peipert)

The State Department’s sudden decision to stop processing passports with X gender markers is causing confusion among transgender, gender-nonconforming and intersex communities across the country. While existing passports with X gender markers remain valid, a lack of clear guidance leaves many in the dark, say advocates.

This is especially true in New Jersey, which offers X gender markers on state-issued ID cards. A potential mismatch in documents could pose obstacles for passport renewals and travel. Removing the X gender option on passports not only effectively erases transgender, nonbinary and intersex people, advocates say, but it also furthers the Trump administration’s goals to enforce gender binaries.

“Trans and gender-diverse people have always existed, and we were finally at a place where they had representation. They had visibility on federal documents, accurately portraying their identity in a way that they haven’t really in this country and society, and that is painful. It’s unnecessarily cruel for them to have gone through that,” said Aisling MacDonald, project manager and trainer at Garden State Equality.

The State Department’s move comes amid a series of anti-transgender and nonbinary executive orders signed by President Donald Trump since Jan. 20. One executive order, named “Defending Women from Gender Ideology Extremism and Restoring Biological Truth” says the federal government will only recognize two sexes, male and female, as determined “at conception.”

The State Department moved ahead with its ban on processing of X gender passports after that executive order and will also not allow people to change their gender identity on their passport if it is different from their sex assigned at birth. In addition, the department has updated online travel guidance for LGBTQI people to provide information instead only for lesbian, gay and bisexual travelers, removing references to transgender, queer and intersex people.

No real timeline

The State Department released more information earlier this week, confirming that existing passports with X gender markers can still be used for travel until they expire or are replaced. The department did not immediately respond to requests for comment on how the passport renewal process will affect those with X gender markers on their state-issued ID cards.

It is unclear how many New Jersey residents are affected by the new State Department policy. New Jersey Motor Vehicle Commission spokesperson William Connolly said in a statement that the agency “continues to monitor how federal actions related to passports will impact the residents of our state.”

In response to the State Department’s policy, the American Civil Liberties Union and Massachusetts ACLU announced Friday that they would be representing seven transgender and nonbinary people in a lawsuit against the Trump administration. In a press release announcing the move, the ACLU said the seven have not been able to obtain passports that match who they are or may be impacted by the new policy and that it had received more than 1,500 calls from concerned individuals who were unsure of the future of their passports

“If there is a constant inconsistency between federal documents and state documents, that will spark confusion and really validate and justify discrimination and violence against transgender people,” said Amol Sinha, executive director of ACLU New Jersey, speaking about the State Department’s policy.

One New Jersey resident, who asked to remain anonymous due to privacy concerns, expressed fear about the conflicting gender markers on his birth certificate, driver’s license and passport. He has an X gender marker on his New Jersey state ID and is in the process of legally updating his name.

“I am trying to figure out if I’ll even be able to get my correct name on my passport,” he said.

Travel advisory

In the absence of more information, Garden State Equality released a travel advisory for transgender and nonbinary residents urging them to exercise caution when traveling out of the country with X gender-marked passports.

The advisory includes a fact sheet of what is known: State IDs with X gender markers are still valid, and existing passports with X gender markers will be accepted for travel for now. However, Garden State Equality does not recommend applying for a passport if any documents a person provides have gender markers “different from the passport you are applying for.”

“And also a general reminder that for people traveling internationally, if you are going to a place that is not trans affirming, there are many other countries to be very mindful and pay attention to the local laws and legislation,” said MacDonald of Garden State Equality.

MacDonald said Garden State Equality released the travel advisory when “it became clear that it was the most necessary statement for safety while also balancing prudence and not causing any undue stress in the community.

“I think it’s important for community members, people who self-identify as trans and gender-diverse especially, to understand that the full implications of these executive orders [are] not understood yet, and that in real time, as we gain a better understanding of what the impact will look like, we’re going to try to keep … [everyone] as informed as possible,” said MacDonald.

Because information on what will happen to X gender passports is changing — and as more executive orders related to transgender, nonbinary and intersex people are signed — MacDonald said that “as much as the anxiety and the fear is very legitimate, we have a responsibility to stay focused on self-care and go slow, focus on the basic things like getting enough sleep, stretching, if you’re able, and proper nutrition, building and fostering community.”