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Massachusetts and New York Attorneys General Lead Opposition Against Trump Administration's Passport Gender Policy

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Published on March 18, 2025
Massachusetts and New York Attorneys General Lead Opposition Against Trump Administration's Passport Gender PolicySource: Unsplash/Global Residence Index

In a bold pushback against the Trump Administration's recent edict on passport gender markers, Massachusetts Attorney General Andrea Joy Campbell has stepped forward as a leader amongst a coalition of twelve attorneys general. The group has publicly opposed proposed alterations to the U.S. passport application process—changes that could deeply impact transgender individuals. In an effort to safeguard the rights of non-binary and transgender people, AG Campbell, along with her peers, submitted a comment letter to the Department of State. The letter was co-led by Campbell and New York Attorney General Letitia James.

The Trump Administration's Executive Order from January 20 mandates the recognition of solely two genders, thereby instructing the Department of State and Homeland Security to "implement changes that require that government-issued identification documents, including passports, visas, and Global Entry cards, accurately reflect the holder's sex," as outlined by the Executive Order on the Mass.gov website. This move to amend several passport information collection forms has sparked significant alarm among advocates and legal authorities alike, as it signifies a reversal of longstanding federal policy that allowed individuals to modify gender markers on key identification records and documents.

In the comment letter, the attorneys general coalition has argued that these proposed changes could significantly and detrimentally affect transgender and non-binary persons. "Transgender and non-binary individuals deserve to live with dignity and respect, and that includes ensuring that their gender identity is accurately reflected on official documents," AG Campbell stated, as reported by a Mass.gov news release. The group highlights the potential for confusion and harassment when a person's physical appearance does not match the gender listed on their passport and other related documents, alongside the psychological strain such disparities could exert on an individual.

Furthermore, the coalition notes the potential bureaucratic entanglements that might arise between state and federal identification documents. Several states, including Massachusetts, currently provide legal avenues for transgender and non-binary individuals to adjust their state-issued identification to properly represent their gender identity. The discord between state allowances and federal mandates could ignite significant setbacks for individuals looking to access public resources, and likely to place an unnecessary burden on state administrations to mediate discrepancies in documentation. Alongside AG Campbell and AG James, attorneys general from California, Connecticut, Hawaii, Illinois, Minnesota, Nevada, New Jersey, Oregon, Vermont, and Washington have joined to submit the opposition.