Under current federal policy, you cannot change the gender marker on your passport to anything other than the “M” or “F” that matches your biological sex at birth. Executive Order 14168, issued January 20, 2025, directed the U.S. Department of State to stop processing sex marker changes and to eliminate the “X” designation entirely.1U.S. Department of State. Sex Marker in Passports Passports already issued with an X marker or a marker that doesn’t match the holder’s birth sex stay valid until they expire, but any new or renewed passport will reflect birth sex. Litigation is active and the rule could change, so the answer today is not necessarily the answer six months from now.
What the Current Rule Says
The State Department now issues passports with only an M or F marker, and that marker must match the applicant’s biological sex at birth. The agency determines biological sex from the supporting documents you submit and from its own records of any previous passports you’ve held.1U.S. Department of State. Sex Marker in Passports If it needs more information to make that determination, it will contact you after you apply.
This is a reversal of the self-certification policy that ran until January 2025. Under the earlier rule, applicants could choose M, F, or X without medical documentation and without matching any other identity document. That option is gone.
If You Apply for a Different Marker Anyway
You can still check X or select a marker that differs from your birth sex on the form, but the State Department will not honor the request. Expect delays. The agency may write or email asking for more information, and it will ultimately issue a passport matching your biological sex at birth regardless of what you selected.1U.S. Department of State. Sex Marker in Passports The rule applies to first-time applications and renewals alike.
Because online renewal isn’t available to anyone changing a name or sex marker, a renewal that touches the marker has to go through the paper process regardless.2U.S. Department of State. Renew Your Passport Online
If Your Current Passport Has an X or Non-Matching Marker
A valid passport already carrying an X marker, or a marker that doesn’t match your birth sex, remains usable for travel until it expires, you replace it, or the government invalidates it under federal regulations.1U.S. Department of State. Sex Marker in Passports The State Department has said there are no U.S. restrictions on using the existing book, though the destination country may impose its own.
The catch is renewal. Once the book expires or you request a replacement, the new one will carry a marker matching birth sex. There is no procedure to preserve the earlier marker.
The Court Cases to Watch
The executive order faces active litigation. In Orr v. Trump, seven transgender and nonbinary plaintiffs challenged the policy on constitutional grounds and under the Administrative Procedure Act. A federal district judge in Massachusetts first blocked enforcement against six of those plaintiffs, then extended the order to cover a broader group of transgender and nonbinary passport applicants. The government appealed, and the Supreme Court granted the administration’s request to pause the lower court’s order, stating the government was “likely to succeed on the merits.” The case is not over. How courts ultimately rule could restore the ability to select a different marker, narrow eligibility, or leave the current rule in place.
Traveling With a Passport That Doesn’t Match Other Records
If the sex marker on your passport doesn’t match the gender on your airline reservation, you may run into problems at check-in or security. The TSA’s Secure Flight program requires the name, gender, and date of birth on the reservation to match the government-issued ID you present. When you book, use the information on the ID you’ll actually carry through security.
International flights add another layer. U.S. Customs and Border Protection’s Advance Passenger Information System only accepts M or F gender codes, so travelers with an X-marker passport may hit trouble because airlines can’t transmit that designation through the booking system. Contact the airline before the trip to see how they handle the mismatch.
Other Federal and State IDs
The passport rule doesn’t govern every ID you carry, and the answers differ.
The Social Security Administration issued guidance in January 2025 prohibiting changes to the sex field on Social Security records. You can still change your name with SSA by filing Form SS-5 in person or by mail, but the sex field must reflect what’s currently in the system. Benefits aren’t affected by the sex on your record, though SSA data feeds identity-verification systems elsewhere, which can create mismatches.
State-issued IDs are separate. As of mid-2026, roughly 22 states plus the District of Columbia offer an X marker on driver’s licenses. About 21 states plus D.C. allow gender marker updates without medical certification; others require varying levels of provider documentation; and eight states do not allow gender marker changes on driver’s licenses at all. Because state rules run independently of the federal passport policy, you can end up with a state ID showing one marker and a passport showing another.