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AGs oppose new passport rules affecting trans individuals

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Monday, April 21, 2025

AGs oppose new passport rules affecting trans individuals

State AG
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Attorney General Bob Ferguson | Facebook Website

Washington Attorney General Nick Brown, along with a coalition of 12 attorneys general, has expressed opposition to proposed changes by the U.S. Department of State regarding passport applications for transgender individuals. The group submitted a comment letter opposing these changes, which they argue would prevent transgender people from obtaining passports that align with their gender identity.

“These discriminatory rules would add confusion and costs for taxpayers merely to satisfy the president’s fixation on dehumanizing an entire class of people,” stated Brown.

The controversy stems from an executive order issued on January 20 by the Trump administration. This order mandates that U.S. identification documents reflect only two sexes—male and female—as defined by the order itself. It instructs relevant departments to implement changes ensuring government-issued IDs match this definition. Consequently, the State Department has proposed modifications to passport application forms, diverging from longstanding federal policies allowing individuals to amend gender markers on official records.

The coalition's letter highlights potential harm to non-binary and transgender individuals who may face challenges when using identity documents inconsistent with their gender identity. Such discrepancies could lead to travel complications or harassment due to mismatches between physical appearance and document information.

Additionally, the group warns of potential confusion arising from inconsistencies between state-issued IDs and federal documents. Sixteen states currently permit updates to birth certificates reflecting true gender identities, including Washington. Discrepancies could result in delays accessing resources or necessitate states expend resources addressing mismatched documentation.

Massachusetts Attorney General Andrea Joy Campbell and New York Attorney General Letitia James led this initiative alongside AG Brown. Other participating attorneys general represent California, Connecticut, Hawaii, Illinois, Minnesota, Nevada, New Jersey, Oregon, and Vermont.

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