[This article was originally published in our sister publication, The Stranger.—eds]

When Joe Biden was President, trans people in the US could update the gender marker on file with the Social Security Administration, the gender marker on their passport with the State Department, and, if they were not born here, various travel, employment, and residence documents with US Citizenship and Immigration Services.

But on January 20, Donald Trump issued the sweeping executive order, “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” a federal redefinition of sex. The order directed:

• Federal agencies to scrub mentions of trans people from their websites and eliminate trans-friendly policy
• Remove trans women from women’s federal prisons and trans men from men’s federal prisons (state and county laws dictate policy for state prisons and county jails)
• Ban the use of federal money for gender-affirming healthcare including hormones and surgery, which would forcibly detransition federal prisoners, and potentially force trans people on Medicaid and Medicare to pay for drugs out of pocket, if they can afford them
• An end to Biden’s executive order to apply the Supreme Court ruling that protects trans and gay people from employment discrimination to all other areas of federal law
• The Department of Homeland Security and Office of Personnel Management to implement changes that require “government-issued identification documents, including passports, visas, and Global Entry cards to accurately reflect the holder's sex”

And much more. Each prohibition reinforces this administration’s false belief that sex is fixed at conception and that gender transition is literally and legally impossible.

We don’t know which parts of this order are enforceable. We also can’t guess what will happen when it’s taken to court piece by piece. There's already been legal challenges to the order's provisions regarding prison transfers and forced detransitioning of inmates. Even in a Trump-friendly legal system, it is possible for advocates to stall and turn the administrative state against itself, delaying the implementation of Trump’s decrees for months or years. One executive order cannot overturn laws, Supreme Court decisions and constitutional amendments, as Trump is trying to do with this one to eliminate birthright citizenship.

Concerning the gender markers on passports and associated with social security, the order does not mention the Department of State or the Social Security Administrations by name, but the policy has already changed.

The process of changing gender markers has historically been an administrative one on every level. When Biden took office in 2021, his administration adopted a policy of self-attestation, which allowed people to select their gender without a doctor’s letter or proof of medical transition. In 2022, the year after an intersex veteran successfully sued the State Department for the right to have an X gender marker on their passport, the Biden administration extended that right to all Americans.

Trump, having that same power, eliminated the option altogether, meaning that federal agencies will not issue gender marker changes on any new federal documents. It appears already issued documents with updated gender markers will for now remain valid until they expire.

For many trans people, the temptation to try and sneak by while the policy is still somewhat ambiguous may be understandably strong.

In the absence of clarity and written policies from these agencies, trans and non-binary people should not attempt to update their valid documents until they know what the rules are.

“The State Department is currently refusing to provide trans Americans with accurate gender markers on newly issued or renewed passports,” says Olivia Hunt, Advocates for Trans Equality’s director of federal policy. “It's unclear when the State Department will provide the public with its new written policy on passport gender markers; until that is released, trans people should be cautious about applying for a new or renewed passport."

Can trans people update the gender marker on their passport?

No. New passports must reflect a person’s assigned sex at birth, according to the Department of State.

A State Department spokesperson confirmed to us that it is “the policy of the United States to acknowledge only two sexes: male and female, and they are not changeable. In line with that Order, the Department’s issuance of U.S. passports will reflect the individual’s biological sex as defined in the Executive Order.”

The State Department spokesperson said the department will no longer issue “X” gender markers and has suspended all applications seeking “a different sex marker than defined by the terms in the Executive Order.” The department says guidance regarding previously issued X sex marker passports is forthcoming.

If you sent in a passport application before Trump took office and haven’t received your passport, that likely includes you (in which case email me at vmccall@thestranger.com, I’d like to talk to you for a story). Applications are frozen. There is no reprieve or waiting period. It appears there are no exceptions to this rule, either.

According to reporting from The Intercept, Secretary of State Marco Rubio recently sent a memo directing all state department employees to stop processing all new and existing applications for gender marker changes.

According to reporting from NOTUS, the executive order does not apply to current passports with “M” or “F” markers, which will remain valid until they expire ten years after issuance. So under current policy, passports issued in 2024 should remain valid until 2034, by which time the fuckers are hopefully gone.

Neither the memo nor the executive order are a public-facing department policy, but the State Department is acting in accordance with both. Anecdotal reports online, and sources who reached out to us, indicate that trans people who’ve tried to update their gender markers after Trump’s order was signed have been unsuccessful. One source said a state department employee offered to suspend their application and hold on to their existing passport until the department clarified its new policy.

If given the option, it is wise to keep your valid government documents until the department’s process is clear. Trump’s administration is testing the limits of its power, and more executive orders regarding trans people, like the imminent trans military ban set in motion by Trump’s order that calls for new policy on the basis that “beyond the hormonal and surgical medical interventions involved, adoption of a gender identity inconsistent with an individual’s sex conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle, even in one’s personal life,” and the order banning all federal support for gender-affirming care for people under the age of 19, are likely.

Nothing in this order prevents someone from legally changing their name. That is a state-level process, and a law requiring a person's name and birth sex “match” would be impractical. But trans people who have updated their gender markers on federal documents, but not their names, should note that any updates to federal documents while this order is in place will come at the expense of a gender marker aligned with your assigned gender at birth.

Can I update my gender with the Social Security Administration?

It appears not.

While the Social Security Administration did not return our questions about its current policy, and Biden’s Director of Social Security, Michelle King, remains acting head of the agency until the Senate confirms Trump’s pick, the executive order still applies.

Even if the policy hadn’t changed, federal agencies are now forbidden from acknowledging the basic existence of transgender people. In accordance with the order, the Social Security Administration’s page for gender identity no longer exists. The page on changing sex identification is also gone.

It’s unclear what this order means for people who have already updated their gender markers with the Social Security Administration. Unlike passports, this information does not need to be renewed, and cards don’t need to be replaced unless they’re lost or damaged.

Can I still update my driver’s license?

Yes. You can still update your driver's license in Oregon with an M, F, or X (not specified).

Trump’s order doesn’t apply to state documents, but it’s possible that new rules from the directors of the Department of Homeland Security and Office of Personnel Management could eventually change that. For now, nobody should feel compelled to change the gender markers on state documents if they don’t personally want to. (Even then, there’s value in asserting the rights you have and ought to have).

In Oregon, the Department of Motor Vehicles handles state identification cards and driver’s licenses. You can change your name or gender marker on your license or ID by visiting a DMV office in person. Use this site to make an appointment, or try a walk-up appointment. Bring your current passport, ID, or license if you have one. To request a name change, you'll need to bring official documentation showing the change. The Oregon Judicial Department has online forms for changes of name and/or gender on state documents.

Note: The DMV verifies social security numbers with the Social Security Administration, so anyone looking to change their name on their license must first change their name with SSA, so the state agency has a match.

Need to change your birth certificate? You can do that without a court order. At the DMV, a birth certificate with your new name is acceptable (it's considered a “primary” identity document.) However, the DMV needs to be able to link your new name with your previous name. If it’s unclear, they'll ask for a document that links the old and new names (like a court order that lists both names).

Changing the name on your license does not automatically change the name on your car (or boat) registration. Drivers will need to complete this vehicle title application and note that their name has changed.