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Secretary of State Marco Rubio instructed State Department personnel to implement the order immediately, according to an internal email accessed by The Guardian. The communication stated, «The policy of the United States is that an individual's sex is not changeable.» Rubio's directive further specifies that «sex, and not gender, shall be used» in official documentation, including passports and consular birth reports abroad.
State Department staff have been directed to «suspend any application requesting an X sex marker» and to «suspend any application where the applicant is seeking to change their sex marker.» This directive affects both current and future applications.
Passports already issued with an 'X' gender marker will remain valid, according to the White House. However, guidance on renewal processes is still pending. Rubio's email noted, «Guidance on existing passports containing an X sex marker will come via other channels.»
The Biden administration introduced the non-binary 'X' gender marker on passports in April 2022. Then-Secretary of State Antony Blinken announced the move on Transgender Day of Visibility to provide accurate documentation for intersex, non-binary, and