Even in Washington state, trans people face passport hurdles
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Washington remains a supportive state for transgender people who want to update their IDs, but uncertainty at the federal level means people needing passports may face tough choices, legal experts say.
Why it matters: An executive order issued by President Trump last month mandates that the government recognize only individuals' sex assigned at birth.
- The U.S. State Department has suspended X gender markers on passports and is requiring applicants to use the sex listed on their birth certificate, a spokesperson tells Axios in an email this week.
Driving the news: Passports issued with an X marker will remain valid until their expiration date, according to the State Department.
- People may apply to replace their X passport with a new one that reflects their biological sex at birth at no cost if it was issued less than one year prior, per the department.
- The passport containing the X gender marker will be canceled and returned to the applicant with their new binary passport.
- People who request an X marker will be issued a passport in their "biological sex at birth," per the State Department. If the "biological sex is not sufficiently established," the application will be held until additional information is received, the spokesperson said.
That could put people who have state documents with an X marker, or a marker that differs from their designation at birth, at risk for being denied a passport, according to Adrien Leavitt, an attorney with ACLU of Washington.
What they're saying: He tells Axios that people must assess their own risks on whether to seek an update to state licenses and birth certificates, particularly if they plan to travel internationally.
- "I've talked to a lot of people who are fearful and aren't sure what to do," and, unfortunately, there are no clear answers yet, he says.
State of play: Washington still allows adult residents to change the gender marker on their birth certificates and driver's licenses to male (M), female (F), or non-binary (X) without requiring medical documentation.
- Adult residents can update their sex designation on birth certificates with a notarized request; minors need guardian consent and provider confirmation, according to the state Department of Health, though changes are taking about 10 months to process.
- The state allows changes to gender markers (M, F, X) on driver's licenses, state IDs and enhanced IDs, Nathan Olson of the Department of Licensing tells Axios.
- Olson said the department believes the state of Washington's policy is on solid legal ground, as the federal REAL ID Act of 2005 explicitly states that gender is defined by the state, Olson says.
Catch up quick: Beyond ID policies, transgender rights remain a flashpoint nationwide, with efforts being made to ban transgender athletes from women's sports and threats to withhold federal funding from agencies providing gender-affirming care for youth.
- In Washington state, one hospital has postponed or canceled some gender-affirming surgeries for teens.
- Meanwhile, the state is suing to block the order that restricts funding for trans health care.
What we're watching: How the legal challenges to Trump's executive orders from this state and others play out in court.