US Airlines Directed to Ignore ‘X’ Gender Marker in Passports

The United States Customs and Border Protection (CBP) has implemented a new directive requiring airlines to categorize passengers as either male or female when processing travel documents. This ruling aligns with an executive order signed by former President Donald Trump aimed at countering what his administration termed “gender ideology” in government documentation. The decision comes after the Biden Administration introduced the “X” non-binary sex marker for passports in 2022, which has since been suspended for new applications by the State Department.

The CBP has instructed airlines to discard the “X” designation and instead input either “M” for male or “F” for female in the Advance Passenger Information System (APIS). This rule, part of Executive Order 14168 titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” mandates that government-issued IDs accurately reflect the holder’s sex. Although passports marked with “X” remain valid, this new directive creates potential complications for travelers.

Implications for Travelers

The new regulation affects all flights entering or leaving the United States, while domestic travel remains unchanged. Despite a ruling by the US District Court in Massachusetts affirming the validity of passports featuring “X,” holders of such passports are concerned about the experiences they may encounter during international travel. Advocacy groups warn that the ruling could lead to confusion at check-in and immigration, compounding the challenges faced by non-binary travelers at airports.

According to advocacy expert Andy Izenson, the senior legal director at the Chosen Family Law Center, discussions with officials from the CBP, Transportation Security Administration (TSA), and Department of Homeland Security revealed a lack of clarity on how the new rule will be enforced. As a result, the impact may ultimately depend on the discretion of individual border agents, leaving travelers uncertain about their status abroad.

The Trump Administration aims to eliminate the “X” option from all government-issued documents. However, a federal injunction issued in June by the Massachusetts court currently halts these efforts, with the Trump Administration seeking intervention from the Supreme Court.

Global Recognition of Non-Binary Designations

Across the globe, many countries permit citizens to select a third sex marker on their passports. The International Civil Aviation Organization (ICAO) officially recognizes the “X” designation as a valid sex categorization. A diverse array of nations, including Australia, Canada, and several European countries, offer this option to their citizens.

Countries that recognize a third gender marker include:

– Australia
– Argentina
– Canada
– Germany
– India
– New Zealand

A study conducted by the Williams Institute at UCLA School of Law in 2021 estimates that over 1.2 million Americans identify as non-binary, with the majority being under 29 years of age. Despite the absence of official statistics on the number of US passport holders who have opted for the “X” designation, the uncertainty surrounding its future remains a point of concern for many.

As the situation evolves, the implications of these regulatory changes will likely continue to resonate with travelers navigating both domestic and international borders.