Washington joins legal battle against new passport rules impacting transgender people

Washington has joined a group of states to oppose changes to the passport application process that prevents transgender individuals from obtaining a passport matching their gender identity.

Attorney General Nick Brown joined a coalition of 12 attorneys general and submitted a letter to the U.S. Department of State opposing the proposed changes.

“These discriminatory rules would add confusion and costs for taxpayers merely to satisfy the president’s fixation on dehumanizing an entire class of people,” Brown said.

The other attorneys general in the coalition represent from California, Connecticut, Hawaii, Illinois, Massachusetts, Minnesota, Nevada, New York, New Jersey, Oregon, and Vermont.

We joined with 11 other AGs to oppose changes to passports that would discriminate against transgender Washingtonians. The Trump Administration’s changes to gender identity on passports would cause confusion for state agencies and impose harm when transgender people travel. pic.twitter.com/Z7VGVApfeY

— Attorney General Nick Brown (@AGOWA) March 18, 2025

Why the change on passport applications?

These passport changes follow the Trump administration’s executive order—signed January 20—declaring the U.S. will only recognize two sexes: male and female.

“The erasure of sex in language and policy has a corrosive impact not just on women but on the validity of the entire American system. Basing Federal policy on truth is critical to scientific inquiry, public safety, morale, and trust in government itself,” reads an executive order by President Donald Trump.

Secretaries of State, Homeland Security, and other government agencies were told to “implement changes that require that government-issued identification documents, including passports, visas, and Global Entry cards, accurately reflect the holder’s sex.”

Significant harm?

“The proposed changes would significantly harm non-binary and transgender people,” the Washington Office of the Attorney General stated. “Forcing a transgender or non-binary person to use identity documents that do not align with their gender identity impedes their ability to live and travel.”

The attorneys general in the coalition believe this change could lead to travel delays, overall confusion, and even harassment.

At least 16 states, including Washington, allow transgender and non-binary people to correct their state-issued birth certificates to accurately reflect their gender identity.

Follow Frank Sumrall on X. Send news tips here.