The U.S. Department of State has proposed changes¹ ² ³ to the U.S. passport application and renewal process, and the public comment period ends soon—March 17, 2025, for new passport applications (DS-11) and March 20, 2025, for renewals (DS-82). If these changes go into effect, they could have significant consequences, particularly for individuals who previously selected an “X” gender marker or updated their gender designation on their passport.
What’s Changing?
The proposed changes affect two key passport forms:
- DS-11 (Application for a U.S. Passport) for first-time applicants
- DS-82 (U.S. Passport Renewal Application for Eligible Individuals)
The most notable updates include:
- Removal of the “X” Gender Marker: Passport applicants will no longer be able to select “X” as their gender marker. Instead, they must choose Male (“M”) or Female (“F”), based strictly on their biological sex at birth.
- Reversal of Prior Gender Marker Changes: Applicants who previously updated their gender designation (e.g., from “M” to “F” or vice versa) will be required to revert to their sex assigned at birth.
- Mandatory Sex Offender Affirmation: Applicants must now affirm that they are not required to register as a sex offender, in compliance with International Megan’s Law.
- General Language and Format Updates: The term “gender” will be replaced with “sex” to align with Executive Order 14168 (which mandates the use of biological sex in federal documents).
Who Will Be Affected?
These changes will have a particularly significant impact on non-binary, transgender, and intersex individuals, as well as anyone who has legally changed their gender marker in the past.
- Loss of Legal Recognition for Non-Binary and Intersex Individuals: The removal of the “X” option forces non-binary and intersex people to misrepresent their identity on official U.S. documents.
- Reversal of Gender-Affirming Passport Updates: Anyone who previously updated their gender marker will be required to revert to their biological sex at birth, potentially leading to distress and legal complications.
- Increased Travel Complications: Many countries recognize non-binary gender markers. If the U.S. eliminates the “X” option, affected individuals may face issues with international travel, visa applications, and border security.
- Privacy and Safety Concerns: Forcing individuals to disclose their biological sex when it does not align with their identity could expose them to discrimination, harassment, or danger, both domestically and abroad.
Why Public Comments Matter & How to Submit One
Before these changes can be finalized, the Department of State is required to collect and review public comments. Public feedback can influence policy decisions and potentially stop or modify these changes before they take effect.
How to Submit Your Comment
- Visit www.reginfo.gov/public/do/PRAMain.
- Find the passport information collection notices by selecting “Currently under 30-day Review—Open for Public Comments” or using the search function.
- Include the DS form number (DS-11 for new applications, DS-82 for renewals) in your comment.
- Explain your concerns: Comments can be as brief or detailed as you like, but they are most effective when they:
- Highlight personal experiences or potential hardships caused by these changes.
- Discuss legal or policy conflicts.
- Emphasize practical consequences, such as travel issues.
- Submit before the deadlines: March 17, 2025, for DS-11 and March 20, 2025, for DS-82.
"Hands Off Our Passports: Stop Attacking Transgender Americans | American Civil Liberties Union" also has direct links to the forms.
What Happens Next?
Once the comment period closes, the Department of State will review the submissions and determine whether to move forward with the proposed changes, modify them, or withdraw them entirely. If there is strong public opposition, the department may be forced to reconsider aspects of the policy.
Final Thoughts
These proposed passport changes would have far-reaching consequences, particularly for those who rely on legal gender recognition in official documents. If you or someone you know could be affected, now is the time to speak up. Submitting a public comment is one of the most direct ways to push back against these regulations and ensure that all Americans have access to accurate and affirming identification.