Appeals Court Upholds Order Blocking Trump Admin’s Passport Gender-Marker Policy

The federal appeals court noted that the government did not meet its burden to secure a stay.

U.S. passports are arranged for a photograph in Tigard, Ore., on Dec. 11, 2021. Jenny Kane/AP Photo

A federal appeals court on Sept. 4 upheld a lower court ruling that blocked enforcement of President Donald Trump’s executive order banning the use of gender-neutral markers on passports.

U.S. District Judge Julia Kobick issued an injunction in April blocking the Department of State from enforcing the passport policy against six plaintiffs who filed the case, later expanding it in June to grant class certification, covering other Americans identifying as nonbinary or transgender.