Judge Clashes With Trump Over Controversial Passport Policy

Skrypnykov Dmytro

President Donald Trump’s executive order to restore biological definitions of gender to federal policy has been temporarily blocked by a federal judge in Massachusetts. Judge Julia Kobick, appointed by President Biden, issued a sweeping injunction on Tuesday halting the administration’s policy change that would have removed the “X” gender marker option from U.S. passport applications.

Trump’s Executive Action

The Trump administration’s order, issued under the title “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” directed federal agencies to recognize only two sexes—male and female—on all government documents. Trump’s order emphasized that sex is “not changeable and grounded in fundamental and incontrovertible reality.”

This policy directly impacted the Department of State’s passport application process, which under the Biden administration had allowed applicants to identify as male, female, or “X” for nonbinary. Trump reversed that, mandating that only biological sex assigned at birth be reflected on federal documents.

Judge Kobick’s Legal Reasoning

Judge Kobick initially blocked the policy in April for six individuals who sued the federal government, claiming it violated their rights. On Tuesday, she extended that injunction to all Americans, arguing that the plaintiffs are “likely to succeed” in proving the policy is discriminatory.

Kobick claimed that requiring transgender individuals to carry a passport that reflects their biological sex would “effectively out” them every time they travel, putting them at increased risk of “harassment, discrimination, and violence.” She further wrote that such a requirement could lead to “psychological distress” and even suicidality for transgender and nonbinary individuals.

The judge called the administration’s reasoning “arbitrary and capricious” and claimed it was “rooted in irrational prejudice toward transgender Americans.”

The Broader Culture Clash

The Trump administration, in contrast, has framed its executive action as a defense of women’s rights and scientific reality. The order cites the growing intrusion of gender ideology into women’s spaces, such as domestic abuse shelters and athletic competitions, as dangerous and unjust.

“Across the country, ideologues who deny the biological reality of sex have increasingly used legal and other socially coercive means to permit men to self-identify as women and gain access to intimate single-sex spaces and activities designed for women,” the order reads.

The administration also argued that removing ideological language from official documents is essential to restoring public trust and maintaining consistent scientific standards in federal policymaking.

Legal and Political Fallout

Kobick’s ruling marks another legal challenge for the Trump White House as it faces an onslaught of lawsuits from progressive groups and Democrat-appointed judges intent on derailing the president’s second-term agenda.

While her decision temporarily halts enforcement of the passport policy nationwide, the Trump administration is expected to appeal.

The Department of Justice has not yet issued a public statement, but insiders suggest the case could ultimately head to the Supreme Court.

Meanwhile, President Trump’s order remains a major flashpoint in the ongoing debate over gender identity and federal policy. His supporters argue that the executive action is a necessary correction to years of left-wing overreach that eroded the distinction between men and women in law and public life.

As of now, passport applicants will continue to have access to the “X” gender marker option—at least until the courts make a final decision.

Featured