Dem
47
GOP
53
For years, nonbinary people have lobbied for the elimination of the male/female choice on passports, driver's licenses, insurance policies, and many website forms. They want to choose "none of the above." Now that is problematic as people whose passports are marked something other than male or female are being stopped at U.S. immigration. This is causing problems when they try to enter the country due to a recent XO that states that there are only two genders, male and female. If someone doesn't fit into one of those bins, immigration officials don't know what to do with them.
Several countries, including Germany and the U.K., are warning their citizens that having a U.S. visa or ESTA authorization does not guarantee entry into the U.S. Some European travelers have been arrested or detained, despite having all the correct paperwork. The final decision about admission rests with immigration officers. Denmark and Finland have specifically issued travel advisories for transgender and nonbinary travelers, warning them that an "X" marker for sex in their passports or a mismatch between the sex in the passport and their appearance may be cause for entry to be denied. Now Canada has also updated its travel advisory for travel to the U.S. This is huge because Canadians make more than 20 million visits to the U.S. each year, much more than Germans or Brits.
Some trans Americans feel they are stuck in the country because if they leave, they may be refused readmission when they come home. Federal law requires that all U.S. citizens bearing a valid U.S. passport be admitted to the country after traveling abroad, but what happens if some immigration officer simply says "No," in defiance of the law? Also, green card holders have no such guarantee.
The Trump administration is also getting some negative feedback from the judiciary on this subject. U.S. District Judge Julia Kobick held a hearing this week in Boston in a case brought by seven trans and nonbinary plaintiffs who are suing to get an X marker on their passports. Kobick appeared open to their arguments but hasn't made a ruling yet. The XO that said there were only two sexes also said that the passport marker had to accurately reflect the holder's sex. What does that mean? Are we talking hardware or software here? When the judge rules, we will find out. (V)