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Biden-appointed judge blocks Trump's move to only allow two genders on US passports

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Original Story by Fox News
June 18, 2025
Biden-appointed judge blocks Trump's move to only allow two genders on US passports

Context:

A U.S. judge appointed by President Biden, Julia Kobick, has temporarily blocked a Trump administration policy that restricts U.S. passport gender markers to only male and female. This ruling opposes the executive order signed by President Trump which eliminated the 'X' gender designation, a move criticized for targeting transgender individuals. Kobick argues that the policy is discriminatory, arbitrary, and based on prejudice against transgender Americans, potentially causing psychological harm and safety concerns. The executive order, titled 'Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government', claims to uphold the biological reality of sex, asserting that efforts to eradicate this reality undermine women’s dignity and the validity of the American system. Despite the executive order's assertions, the judge found the government's justification lacked a substantial relation to an important governmental interest, hinting at the policy's possible eventual invalidation.

Dive Deeper:

  • Judge Julia Kobick, appointed by President Biden, issued a temporary block on the Trump administration's policy that limits U.S. passport gender markers to only male and female, challenging the executive order signed by Trump.

  • The executive order eliminated the 'X' gender designation and was widely viewed as targeting transgender individuals, prompting lawsuits and media criticism for its discriminatory implications.

  • Kobick's ruling highlighted that the policy discriminates on the basis of sex, is arbitrary and capricious, and is rooted in irrational prejudice towards transgender Americans, potentially causing psychological distress and safety concerns among transgender people.

  • The executive order, titled 'Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government', asserts that recognizing only two sexes protects women’s dignity, safety, and well-being, claiming that the erasure of sex in policy corrodes the American system.

  • Despite the order's claims, Judge Kobick determined that the government failed to demonstrate how the policy is substantially related to an important government interest, suggesting the policy may not withstand legal scrutiny.

  • The ruling emphasized the importance of gender-concordant identity documents in treating gender dysphoria and noted that the policy could lead to increased psychological distress, suicidality, harassment, discrimination, and violence against transgender and non-binary individuals.

  • Trump's executive order argues that denying the biological reality of sex allows men to self-identify as women, gaining access to women-only spaces, which the order claims is detrimental to public safety, morale, and trust in government.

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