US Airlines Must Ignore ‘X’ Sex Marker in Passport Processing

The United States Customs and Border Protection (CBP) has instituted a significant change in the way airlines process passenger information regarding gender identification. Airlines are now required to categorize passengers strictly as either male or female, effectively disregarding the “X” marker introduced for non-binary individuals. This adjustment aligns with an executive order signed by President Donald Trump as part of his administration’s efforts to counter perceived gender ideology in government practices.

The shift follows the Biden Administration‘s introduction of the “X” marker in 2022, which allowed for non-binary identification on U.S. passports. However, the State Department has suspended this option for new passport applications. While passports indicating an “X” remain valid for travel, the new rule raises concerns about the experiences of non-binary travelers when flying to or from the United States.

Implementation of New Rules for Airlines

As reported by various news outlets, including The Guardian, airlines are now instructed to submit passenger information to the CBP’s Advance Passenger Information System (APIS) using only “M” or “F” options. This directive stems from Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” The order mandates that all government-issued identification documents accurately reflect the holder’s sex, limiting options to male and female only.

Since the introduction of the X marker in April 2022, APIS had allowed entries beyond “M” and “F” without triggering errors. However, the CBP has now advised that any passports with sex indicators other than “M” or “F” should be entered as male or female, creating potential complications for non-binary travelers. According to the CBP, “After the compliance period, APIS will begin returning a resubmit or ‘X response’ which indicates insufficient information requiring resubmission when values other than ‘M’ or ‘F’ are submitted in the sex field.”

Concerns for Non-Binary Travelers

The implications of this ruling extend to international travel, affecting passengers entering or leaving the United States. Domestic flights are exempt from this change. Although a U.S. district court in Massachusetts ruled that passports with an “X” remain valid travel documents, holders of such passports express anxiety regarding potential issues at check-in and immigration. Advocacy groups warn that the new directive may exacerbate the difficulties non-binary individuals typically encounter at airports.

The legal landscape remains complex. Andy Izenson, senior legal director at the Chosen Family Law Center, has engaged with officials from the CBP, Transportation Security Administration (TSA), and the Department of Homeland Security to seek clarification on enforcement, but has received no definitive guidance. This lack of clarity leaves non-binary travelers uncertain about how their identification will be handled by border agents.

In June, a U.S. district court issued an injunction against the removal of the “X” option from government-issued documents, including passports. The Trump Administration is pursuing a Supreme Court intervention to overturn this ruling, further complicating the situation for travelers.

Global Perspectives on Gender Markers

Several countries around the world recognize a third sex marker on their passports, reflecting broader acceptance of non-binary identities. The International Civil Aviation Organization formally acknowledges the “X” marker as a valid designation. Countries such as Australia, Canada, Germany, and India have established policies allowing citizens to identify with non-binary genders on their travel documents.

According to a 2021 study by the Williams Institute at UCLA School of Law, more than 1.2 million Americans identify as non-binary, with a significant portion under the age of 29. Despite the suspension of the “X” marker for new passport applications, the exact number of U.S. passport holders who have opted for this designation remains unclear, as uncertainty lingers over how long the option will be available.

As the situation evolves, it remains critical for travelers and advocacy groups to monitor the impact of these policy changes and advocate for clarity and fairness in travel identification practices.