President Trump issued an executive order claiming that “sex is either male or female for all federal purposes” and then issued new rules that gender markers on passports must conform to gender assigned at birth. This is already affecting the ability of Trans and Non-binary people to get/renew passports, and putting them in danger while traveling if the “gender marker” on their passport does not match their visible appearance. There is an action you can do, if you care about Trans, Non-binary, and Two-Spirit people, right now up until March 17. I’ll put those details here, and then explain more later.

There are three rule changes that are open now for public comment, 1. Proposed Information Collection: Application for a U.S. Passport, 2. Proposed Information Collection: U.S. Passport Renewal Application for Eligible Individuals, and 3. Proposed Information Collection: Application for a U.S. Passport for Eligible Individuals: Correction, Name Change to Passport Issued 1 Year Ago or Less, and Limited Passport Replacement. You can follow the links to get to the pages where you can create a comment against these rule changes, and in support of gender markers matching a person’s gender identity. I want to acknowledge that this action is not without any risk. If you identify yourself as a supporter of Trans and Non-binary people, it is possible that you too might be targeted. If you need to be less vulnerable, comments can also be left anonymously.

Some background from the Gender Justice League:

An Executive Order is NOT a law. Executive Orders like the one President Trump issued declaring “sex is either male or female for all federal purposes” is not a new law; it is the executive branch’s interpretation (or supposed interpretation) of laws passed by Congress. Once an executive order is signed, it is transmitted to each of the federal government departments and agencies, such as the State Department, for policy changes and rule-making.

This process is governed by a federal law called the Administrative Procedures Act. In order for a new policy, practice, or rule to be legal and constitutional, it MUST follow this law. Otherwise, courts will find the new policy is “arbitrary and capricious;” meaning it was decided without careful consideration, study, or public comment and consultation. What has been happening since January 20th to Trans people is exactly that! 

The State Department has issued a new rule for public comment, acknowledging that up until this rule has closed public comment, everything they have done has been illegal under the Administrative Procedures Act. There was no emergency situation that required them to illegally issue passports not following the current policy. You can read more here:  https://www.genderjusticeleague.org/trans-non-binary-passport-update-what-you-need-to-know/

I found the public comment pages of the State Department somewhat intimidating because of the bureaucracy of it all. But persevere. I just clicked on the “Submit a Public Comment” button, and filled in the rest on the page that came up. You can use the same comment for all three pages. I imagine that the content of the comments is less important right now than the numbers of comments we can generate against these hateful rules. Here is what I posted today.

“Trans people have always existed. I have close friends who are Trans or Non-binary. Truthfully, I didn’t really understand these gender identities until I listened to what my friends were sharing about their experience. I still don’t fully understand, but my values call me to honor their experience of their own lives. Each person is sacred and we are all one family. I love my Trans and Non-binary friends very deeply. This rule change is cruel and arbitrary, and puts my friends in danger. It traps them in this country without legal papers to be able to travel. It marks them out for legal harassment at the border, and within our borders. I am not willing to stand by and let Trans and Non-binary people be harassed, degraded, or harmed by the cruel policies this administration is attempting to enact.”

Photo “You will have to go through me” is of stickers designed by Stevie Bees. Please support this small, trans-owned business that ships anywhere in the world! Stevie is also a fierce activist and compassionate community builder. https://steviesafespaces.com/