Chicago – Attorney General Kwame Raoul, as part of a coalition of 12 attorneys general, today submitted a comment letter to the U.S. Department of State opposing proposed changes to the passport application process that would prevent transgender and nonbinary individuals from obtaining a passport that matches their gender identity.
“This change in the passport application process is the latest of the Trump administration’s efforts to diminish the existence of transgender and nonbinary Americans. Prohibiting transgender and nonbinary people from having identification documents that align with their gender identity makes them less safe,” Raoul said. “Transgender and nonbinary individuals have the right to choose how their identity is reflected on their passports so they are not subjected to unnecessary confusion or delays while traveling. I am proud to stand with other attorneys general to advocate for and protect the rights of transgender and nonbinary individuals who deserve to live authentically throughout this country.”
On Jan. 20, the Trump administration issued an executive order declaring the United States will only recognize two sexes, male and female, and instructing the secretaries 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 defined by the executive order. Subsequently, the U.S. Department of State proposed changes to several passport information collection forms. The order and proposed changes break with decades of federal policy on gender identity, including the ability for individuals to change gender markers in identifying records and documents.
In the comment letter, Raoul and the coalition argue the proposed changes would significantly harm nonbinary and transgender people. Forcing a transgender or nonbinary person to have identity documents that do not align with their gender identity impedes their ability to live and travel. For example, when a person’s passport does not comport with their physical appearance, it could cause confusion, delays or harassment when they travel within the United States and internationally. These harms compound the psychological harm that could result from the new policy.
Further, the coalition argues the policy would cause considerable confusion between state-issued identification cards and federal identification documents. The proposed changes conflict with state laws that permit gender marker changes on identifying documents, allowing individuals to participate fully in society and obtain public benefits. At least 16 states, including Illinois, allow transgender and nonbinary people to correct their state-issued birth certificates to accurately reflect their gender identity. If identifying information on state-issued documents does not match with information on federal documents, individuals would likely experience delays when trying to access resources. In addition, states would likely be forced to expend needless resources to review mismatched documents.
Joining Attorney General Raoul in submitting the comment letter are attorneys general of California, Connecticut, Hawaii, Massachusetts, Minnesota, Nevada, New Jersey, New York Oregon, Vermont and Washington.
