What Happens to Your ‘X’ Gender Passport After the Latest Supreme Court Decision?

A recent ruling from the U.S. Supreme Court has left many travelers asking an urgent question: What happens to my passport if I have “X” as the gender marker?

With the U.S. government announcing it will now require listing the sex assigned at birth on new passports, there’s a lot of uncertainty for people holding existing documents and for those who identify as non-binary or gender-diverse.

Is your passport now invalid? Can you still travel with it? What are the practical implications?

Let’s take a closer look at what’s happening with passports that have the X gender marker.

Legal Updates From the Supreme Court and Executive Order

On November 6, 2025, the Supreme Court granted an emergency stay allowing the U.S. government to enforce a policy requiring passports to display the individual’s sex assigned at birth.

The decision paused a lower-court injunction that had allowed applicants to choose M, F, or X gender markers aligned with their gender identity.

This enforcement stems from an Executive Order issued on January 20, 2025, by Donald J. Trump (EO 14168) directing federal agencies to recognize only 2 sexes (male and female) and to base identity documents on a person’s sex at birth.

In practical terms, new passport applications, renewals, or replacements are once again subject to the requirement of listing a person’s assigned sex at birth — no matter their current identity or whether they’ve undergone any transitional surgery — while litigation proceeds.

What People Holding ‘X’ Gender Passports Need To Know

If you already hold a U.S. passport with an “X” gender marker (or one reflecting your gender identity rather than sex assigned at birth), this ruling does not immediately invalidate that document. The State Department previously confirmed that existing passports remain valid until expiration.

However, new applications, replacement passports, or renewals may be required to list “M” or “F” based on birth sex.

There’s also another emerging practical wrinkle: airlines may require a binary gender entry (“Male” or “Female”) for booking and travel systems, even if the passport shows “X” as your gender. While specific airline directives vary, the government is instructing airlines to list each passenger’s gender as one of these 2 options, no matter what the passport says.

For those with X passports, here are the key practical implications:

• You can continue using your existing document for travel and identification until it expires.
• If you apply for a new passport or renew/replace one, you’ll likely be subject to the new birth-sex policy.
• If airline or border-control systems require binary gender input, there may be challenges or additional verification steps. Having documentation and awareness of the policy change is advisable in situations where the gender on your document and in the travel system may cause delays.

Final Thoughts

While this is not an immediate mass recall of passports bearing an “X” gender marker, the shift means that the government’s approach to gender on travel documents has entered a transitional phase. For now, existing passports remain usable.

The key change is on future applications, renewals, and replacements. For travelers with an “X” marker, staying informed and prepared for potential administrative challenges is crucial. The full legal outcome remains unresolved, as the Supreme Court has only issued a stay, not a final court ruling.