The United States Customs and Border Protection (CBP) has implemented a new directive that requires airlines to categorize travelers as either male or female when processing passengers. This decision aligns with an executive order issued by former President Donald Trump, which aimed to limit recognition of non-binary gender markers in government documentation.
The directive responds to the suspension of the “X” non-binary sex marker introduced by the Biden Administration in 2022 for new passport applications. Although passports that include the X marker remain valid, the ruling has raised concerns among travelers regarding its potential impact.
Airlines Required to Disregard Non-Binary Markers
According to a report from The Guardian, airlines must now enter “M” or “F” for each passenger in the CBP’s Advance Passenger Information System (APIS). The order, part of Executive Order 14168 titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” mandates that government-issued identification documents accurately reflect the holder’s sex, limited to male or female.
Previously, APIS had accommodated entries beyond “M” or “F” without prompting an error. Under the new rule, the CBP has instructed airlines to treat passports with non-binary indicators as either male or female, effectively instructing them to disregard the X marker. The CBP stated, “After the compliance period, APIS will begin returning a resubmit or ‘X response’ which indicates insufficient information requiring resubmission when values other than ‘M’ or ‘F’ are submitted in the sex field.”
Concerns for Non-Binary Travelers
This ruling affects international flights to and from the United States, while domestic travel remains unchanged. Although a Massachusetts District Court ruling earlier this year affirmed the validity of passports with the X marker, many travelers are apprehensive about the challenges they may face abroad. Advocacy groups argue that this change will create confusion during check-in and immigration processes, exacerbating the difficulties non-binary travelers already encounter in airports.
Andy Izenson, senior legal director at the Chosen Family Law Center, highlighted the uncertainty surrounding the enforcement of this ruling. After discussions with officials from the CBP, Transportation Security Administration (TSA), and the Department of Homeland Security, he noted a lack of clarity on its application. Ultimately, enforcement could depend on the discretion of individual border agents, contributing to anxiety for non-binary individuals traveling internationally.
The Trump Administration is actively pursuing the removal of the X option from all government-issued documents, including passports. Nevertheless, a federal injunction issued by the Massachusetts District Court in June has temporarily halted these efforts. The Trump Administration is now seeking intervention from the Supreme Court to overturn this injunction.
Global Recognition of Non-Binary Gender Options
Numerous countries worldwide offer citizens the option to select a third sex marker on their passports. The International Civil Aviation Organization (ICAO) officially recognizes the X marker as a valid sex designation. Countries such as Australia, which was among the first to adopt this policy in 2003, as well as several European nations, have implemented similar options.
Countries recognizing third sex markers include:
– Argentina
– Canada
– Germany
– New Zealand
– Nepal
– Uruguay
A study by the Williams Institute at UCLA School of Law in 2021 estimated that over 1.2 million Americans identify as non-binary, with a significant proportion under the age of 29. While there is no official data on how many U.S. passport holders have opted for the X marker, the ongoing uncertainty surrounding its future adds to the challenges faced by this community.
The recent changes underscore the continuing debate over gender identity recognition in government policies, as advocates call for clearer guidelines and more inclusive practices in travel documentation.
