Will the EO barring transgender US citizens from renewing passports be even partially overturned by end of 2025?
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Background: On January 20, 2025, President Trump signed an executive order barring individuals from changing their gender on federal documents, including passports. The order has also resulted in the immediate suspension of processing applications for gender-neutral "X" passports and has halted the State Department's issuance of passports with "X" markers.

Right now, even routine renewals are being denied, or fulfilled with incorrect gender markers. This creates safety issues for trans people: they are outed to potential employers, and may be met with increased scrutiny by agents while checking documents. (Many trans people interpret the EO as an effective ban on travel out of the country)

Resolution Criteria: This market will resolve YES if by December 31, 2025:

  • The executive order is officially rescinded, OR

  • A federal court issues an injunction or ruling that effectively blocks the implementation of the order, OR

  • The State Department resumes processing gender marker changes and/or "X" marker passports despite the order

ADDITIONALLY, at least one of the following MUST happen (the “State Department Will Obey the Courts” clause):

  • A news source of repute reports that trans people are actually able to renew or apply for passports with correct gender marker with at least one case study in the article (anonymous is fine), OR

  • >=5 case studies can be found on Reddit, Twitter, Bluesky of trans people saying they were able to successfully renew or apply with correct gender marker, and this is not implied to be a fluke (sympathetic agent willing to bend rules)

For the purpose of this market, “correct gender marker” means “corresponding to gender identity” (e.g. F for trans women, M for trans men).

The market will resolve NO if the executive order remains in effect or is being enforced as of December 31, 2025.

Border cases:

  • Any partial overturning or shitty compromises (eg requiring surgery or for binary trans people only or allowing M/F but not X changes/renewals) will still resolve YES.

👉🏻 This market is a “do the courts even care about us at all, will they even bother lifting a tiny finger, will things even begin to turn around” market, not a “will things go back to the way they were” market

Considerations:

  • Multiple LGBTQ+ advocacy groups, including Lambda Legal, are preparing legal challenges to the order

  • Legal proceedings often extend beyond a year, which may impact the timeline for potential resolution

  • The State Department has not yet provided guidance regarding previously issued passports

  • Many states continue to allow gender-neutral options on drivers' licenses, creating potential conflicts between state and federal identification policies

  • Similar executive orders in the past have faced legal challenges based on constitutional grounds, particularly the Equal Protection Clause

  • There’s a lot going on right now and transgender people are not exactly high on most peoples’ priority list

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Relevant case law is Orr v. Trump.

Pathway to a YES resolution:

  • ✅ Case filed

  • ✅ Plaintiffs win, OR judge issues a preliminary injunction or TRO

  • We can find 5 instances on social media of trans people who can renew or update their passport with correct gender marker (see market definition), OR news reporting that mentions at least one person who is able to renew/update (anonymous is fine)

@KJW_01294 Preliminary injunction issued. If we get some proof that plaintiffs were able to get their passports with corrected gender markers, this resolves yes.

@KJW_01294 I hope someone actually does this and it gets plastered on Vox or MJ or something already, otherwise it's going to be a minimum 1-2 months? before the court does/n't grant the order for the public

@KJW_01294 more movement on this case, https://www.lawdork.com/p/breaking-federal-judge-blocks-rubios

still need to find reporting that plaintiffs or others were actually able to get passports (ie need proof that this order is being followed)

This person might go for getting hers renewed after seeing the news: https://bsky.app/profile/katelynburns.com/post/3lrtlg6lffk2h If she‘s successful, we resolve YES

@KJW_01294 there is some evidence that the state department is broadly not complying with the preliminary injunction yet. https://bsky.app/profile/erininthemorning.com/post/3ls2zwlrp2c2z

looks like my "The State Department Will Obey The Courts" clause will become important. :-/

A passport worker on /r/passports thinks this will take some time to get sorted out.

@KJW_01294 the ACLU has issued guidelines telling trans people they should be able to update passports, however I can’t find a single example of anyone actually able to do so yet. If anyone is able to, please let me know! :)

https://www.aclu.org/trumps-assault-on-transgender-rights/qa-orr-v-trump

@KJW_01294 ACLU is filing a motion to enforce, https://www.threads.com/@aclu_nationwide/post/DLVxs0iP3aF?xmt=AQF0rosqpD6mb8bhZDPZYHRQ-xtyKIpOKBnN6JyfkH-9cg

NEW: We're asking a federal court to force the Trump administration to comply with a court order requiring them to issue passports to transgender people that reflect their gender identity.

We've heard from trans people across the country that the State Department is willfully ignoring this order.

trans people on /r/passports still reporting that passport officers have been given guidance not to follow the order

Edit Jun 29: “From the docket- Gov’t to respond by July 3rd, ACLU can file a rebuttal by July 7th, hearing is scheduled July 10th.”

@KJW_01294 I continue to watch this thread closely. Erin has a current summary: https://bsky.app/profile/erininthemorning.com/post/3lstdngrczs2o

No signs of willingness to comply with the preliminary injunction yet from the state department yet.