US Airlines Directed to Dismiss ‘X’ Gender Marker in Travel Documents

The United States Customs and Border Protection (CBP) has enacted a new rule mandating airlines to classify passengers solely as male or female when processing flight information. This directive aligns with an executive order issued by President Donald Trump aimed at countering gender ideology within federal programs. The change comes at a time when the Biden Administration had previously introduced the “X” non-binary sex marker in 2022, although its implementation has since been paused for new passport applications.

Under the newly enforced guidelines, airlines must now disregard the “X” designation in favor of either “M” or “F” for passengers in the CBP’s Advance Passenger Information System (APIS). The new rule stems from Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This order stipulates that all government-issued identification, including passports and visas, must accurately represent the holder’s sex as either male or female.

According to reports from The Guardian, the CBP advised airlines to enter male or female for passports that contain any sex indicators outside of “M” or “F.” This effectively instructs airlines to ignore the “X” option entirely. 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.”

Implications for Travelers

This ruling applies to flights entering and leaving the United States but does not affect domestic travel. Although a Massachusetts district court ruled earlier this year that passports with the “X” marker remain valid travel documents, concerns linger among holders of such passports regarding their experiences during international travel. Advocacy groups warn that the new requirement may lead to confusion at check-ins and immigration checkpoints, compounding the challenges non-binary individuals face while traveling.

Andy Izenson, Senior Legal Director at the Chosen Family Law Center, expressed concerns after discussions with officials from the CBP, Transportation Security Administration (TSA), and the Department of Homeland Security. The lack of clarity on enforcement creates uncertainty for non-binary travelers, who may face varying interpretations of the ruling from individual border agents.

The Trump Administration aims to eliminate the “X” marker from all government-issued documents, including passports. Nevertheless, a judicial injunction from the Massachusetts district court in June has stalled this effort, prompting the Trump Administration to seek intervention from the Supreme Court.

Global Perspectives on Gender Markers

Numerous countries around the world offer their 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 designation. Countries that have adopted this option include Australia, which was among the first in 2003, and several European nations that have recently followed suit.

A 2021 study by the Williams Institute at UCLA School of Law estimates that over 1.2 million Americans identify as non-binary, with the majority being under 29 years of age. While official data on the number of US passport holders opting for the “X” designation remains sparse, the ongoing uncertainty regarding its future complicates the situation for non-binary individuals who wish to travel.

As this issue unfolds, the implications for non-binary travelers and their experiences at border crossings remain a critical concern, prompting continued dialogue and advocacy for clearer policies and protections.