Golden State Today

California Attorney General Rob Bonta, along with 12 other attorneys general, has expressed opposition to the U.S. Department of State's proposal to remove the "X" gender marker option from passport applications for transgender and nonbinary individuals. The proposed changes also include replacing the term "gender" with "sex" on these forms. The coalition argues that such changes contradict state laws that allow for various gender markers on official documents like birth certificates and driver's licenses.

Attorney General Bonta stated, “Everyone deserves the right to live as their authentic self, free from discrimination based on their gender identity. The Trump Administration’s attempt to force our transgender and nonbinary communities to use a passport that does not accurately reflect who they are is a direct attack on individual liberties and the work we do to protect our citizens from discrimination.” He emphasized California's commitment to recognizing gender identity and defending the rights of transgender and nonbinary communities.

Historically, since as early as the 1980s, the federal government has allowed changes in gender markers on identification documents, recognizing gender identity as distinct from sex assigned at birth. This practice was challenged by an Executive Order during the Trump Administration titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which led to proposals like those currently under consideration by the Department of State.

The coalition's letter argues that removing established practices lacks rational justification and would conflict with state laws permitting flexible gender designations. It warns of potential confusion in administering state-issued IDs, infringement on travel rights for transgender and nonbinary individuals due to mismatched passports, and increased risks of harassment or discrimination.

Joining Attorney General Bonta in this opposition are attorneys general from Massachusetts, New York, Connecticut, Hawaii, Illinois, Minnesota, Nevada, New Jersey, Oregon, Vermont, and Washington.

A copy of their comment letter is available online.