Attorney General Bonta Opposes the U.S. Department of State’s Proposal to Remove Gender Markers from Passport Applications

OAKLAND – California Attorney General Rob Bonta today joined a coalition of 12 attorneys general in submitting a comment letter opposing the U.S. Department of State’s proposal to eliminate the option of “X” as a marker for gender on U.S. passports for individuals who identify as transgender or nonbinary. The Department has also sought to change the use of “gender” to “sex” on these forms. In the letter, the coalition argues that these changes contradict state laws which permit the use of gender markers including “X” in official government documents, including birth certificates and driver’s licenses, among other concerns. 

“Everyone deserves the right to live as their authentic self, free from discrimination based on their gender identity. The Trump Administration’s attempt to force our transgender and nonbinary communities to use a passport that does not accurately reflect who they are is a direct attack on individual liberties and the work we do to protect our citizens from discrimination,” said Attorney General Bonta. “In California we recognize the importance of gender identity and are committed to protecting and defending rights of our transgender and nonbinary communities.” 

Prior to the Trump Administration’s issuance of the Executive Order entitled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” the Department of State had permitted gender marker changes and a designation of “X” for gender. Dating back as early as the 1980s, the federal government has recognized gender identity as distinct from sex assigned at birth and accordingly granted individuals the ability to change gender markers in identifying records and documents. It was not until this Executive Order that the Department sought to abandon its rooted practice of allowing for gender marker changes. 

In the letter, the coalition argues that the Department’s departure from the longstanding approach of allowing for gender marker changes lacks rational justification and will:

• Conflict with state laws, that allow individuals to use gender designations that correspond with their gender identity;
• Cause significant confusion and disruption in the administration of state-issued identification materials;
• Interfere with the rights of transgender and nonbinary citizens to travel freely, as the proposed changes would force transgender and nonbinary individuals to use a passport that does not accurately reflect who they are; and
• Expose transgender and nonbinary individuals to harm, including harassment, discrimination, and negative mental health outcomes. 

In sending today’s comment letter, Attorney General Bonta joins the attorneys general of Massachusetts, New York, Connecticut, Hawaii, Illinois, Minnesota, Nevada, New Jersey, Oregon, Vermont, and Washington. 

A copy of the letter can be found here.