Among the first actions of President Trump’s second term was Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” signed January 20, 2025. The order directs federal agencies to recognize only two sexes — described as an “immutable biological classification” — and to remove gender-identity recognition from federal forms, facilities, and funding.
One of the order’s most litigated effects concerns identity documents. The State Department stopped processing applications to change the sex marker on a passport or to select an “X” designation; existing passports remain valid until renewal.
Transgender plaintiffs challenged the passport policy in Orr v. Trump. A federal judge issued a preliminary injunction in April 2025 and, in June 2025, certified a nationwide class that temporarily suspended the policy. On November 6, 2025, however, the Supreme Court granted the administration’s emergency request to lift that injunction, allowing the restrictions to take effect while the case proceeds.
The administration says the order restores consistent, biology-based definitions across the federal government. Advocacy organizations argue that identity documents which do not match a person’s gender expose transgender travelers to scrutiny and risk, and that the policy reverses years of prior State Department practice. The core legal questions remain unresolved.
Sources: Executive Order 14168; KFF policy overview.
Frequently asked questions
What is Executive Order 14168?
Signed January 20, 2025, it directs federal agencies to recognize only two sexes and to remove gender-identity recognition from federal forms, facilities, and funding.
Can transgender people still change the sex marker on a passport?
Currently no. The State Department stopped processing sex-marker changes and X designations. After lower courts blocked the policy, the Supreme Court allowed it to take effect in November 2025 while litigation continues. Existing passports stay valid until renewal.
Is the policy final?
No. The underlying case, Orr v. Trump, is still being litigated, so the legal outcome is not yet settled.