RESPONDENTS’ APPENDIX
`Class Action Complaint (Feb. 2, 2025) (D. Ct. Dkt. 1) ............................................... 1a
`Memorandum of Law in Support of Plaintiffs’ Motion to Stay Agency Action
`and for a Preliminary Injunction (Feb. 18, 2025) (D. Ct. Dkt. 30) ................ 60a
`First Expert Declaration of Sarah D. Corathers, M.D. (Feb. 18, 2025) (D. Ct.
`Dkt. 30-1) ....................................................................................................... 101a
`Defendants’ Opposition to Plaintiffs’ Motion to Stay Agency Action and for
`Preliminary Injunction (Mar. 12, 2025) (D. Ct. Dkt. 53) ............................. 150a
`Amended Class Action Complaint (Apr. 25, 2025) (D. Ct. Dkt. 76) ....................... 189a
`Second Expert Declaration of Sarah D. Corathers, M.D. (Apr. 30, 2025) (D.
`Ct. Dkt. 78-13) ............................................................................................... 260a
`Defendants’ Motion to Dissolve the June 17, 2025 Preliminary Injunction and
`for a Stay (July 9, 2025) (D. Ct. Dkt. 127).................................................... 309a
`Motion for Stay Pending Appeal in the Court of Appeals for the First Circuit
`(July 18, 2025) ............................................................................................... 331a
`Joint Status Report (Sept. 11, 2025) (D. Ct. Dkt. 141) ........................................... 360a
`Electronic Scheduling Order (Sept. 15, 2025) (D. Ct. Dkt. 142) ............................ 365a
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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`ASHTON ORR, ZAYA PERYSIAN,
`SAWYER SOE, CHASTAIN ANDERSON,
`DREW HALL, BELLA BOE, and REID
`SOLOMON-LANE, on behalf of themselves
`and others similarly situated,
`Plaintiffs,
` v.
`DONALD J. TRUMP, in his official capacity
`as President of the United States; U.S.
`DEPARTMENT OF STATE; MARCO
`RUBIO, in his official capacity as Secretary
`of State; and UNITED STA TES OF
`AMERICA,
`Defendants.
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`Case No. _________
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`CLASS ACTION COMPLAINT
`
`FOR DECLARATORY AND INJUNCTIVE RELIEF
`1. This is an action for declaratory and injunctive relief arising out of the Trump
`Administration’s abrupt, discriminatory, and dangerous reversal of settled United States passport
`policy. The United States previously issued passports to transgender, intersex, and nonbinary
`people that reflected the sex they live as and express, rather than the sex they were assigned at
`birth. Under the government’s new arbitrary and unlawful policy (the “Passport Policy”) , the
`United States now refuses to issue passports to otherwise eligible Americans because they are
`transgender, intersex, or nonbinary—except on terms that expose them to grievous harms and
`violate their constitutional rights to equal protection, travel, privacy, and speech and flout the
`Administrative Procedure Act (the “APA”).
`2. The State Department previously permitted all people—including those who are
`transgender, intersex, and nonbinary—to obtain passports with sex designations that reflected the
`sex they live as. This included permitting individuals to use the male or female sex designation
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`that refl
`ected the sex they live as and an “X” designation on passports available to individuals who
`do not identify as female or male or who did not want their sex specified on their passport. The
`previous State Department policy enhanced consistency across identification documents: most
`U.S. states permit transgender residents to have a sex designation on their driver’s licenses that
`match the sex they live as and increasingly allow “X” designations as well. The federal Passport
`Policy rashly requires passports to list only either female or male based on newly concocted and
`scientifically inaccurate definitions of an individual’s sex determined by whether they “belong[],
`at conception, to the sex that produces” either “the large” or “the small reproductive cell.”
`3. The Passport P olicy is unlawful and unconstitutional. It discriminates against
`individuals based on their sex and , as to some, their transgender status. It is motivated by
`impermissible animus. It cannot be justified under any level of judicial scrutiny , and it wrongly
`seeks to erase the reality that transgender, intersex, and nonbinary people exist today as they always
`have.
`4. The inevitable, immediate, and direct result of the Passport P olicy is that
`transgender, intersex, and nonbinary people have been injured. Passports are critical documents
`for international travel and other purposes. For many of the people now barred from receiving a
`passport unless they accept one with the Trump Administration’s inaccurate sex designation, they
`are forced to “out” themselves over and over again, harming them and imposing wrongful barriers
`to travel. Those who look at the passport—including anyone hostile to transgender people, as the
`Trump Administration is and officials in many countries are—may discern that a passport holder
`is transgender from a perceived mismatch between the sex designation on their passport and their
`appearance, and may question the validity of their passport. The results may be catastrophic,
`including causing serious psychological harm, denial of the ability to enter or leave a country,
`physical violence from people who despise transgender people, and even the passport holder being
`arrested and imprisoned by border control agents in foreign countries.
`5. The Passport Policy was the product of an animus-filled executive order issued by
`President Trump on the first day of his term, titled “Defending Women from Gender Ideology
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`Extremi
`sm and Restoring Biological Truth to the Federal Government,” Executive Order 14168,
`90 Fed. Reg. 8615 (Jan. 20, 2025) (the “Executive Order”) (attached as Exhibit A). On its face,
`the Executive Order declares that it is the policy of the federal government that there are only two
`sexes and that, for all federal legal purposes, sex is unalterably fixed at conception; it thus attempts
`to impose a government-wide policy that transgender, nonbinary, and some intersex people do not
`exist. The Executive Order also asserts without basis or evidence that individuals claim to be
`transgender only to invade women’s private spaces. The Executive Order is transparently unlawful
`and unconstitutional. It also is unmoored from scientific and medical reality: Transgender people,
`intersex people, and people who do not identify as either (or exclusively) male or female exist.
`Scientific and medical authorities have recognized that fact, as have courts across the country,
`including the U.S. Supreme Court. In a stroke, the Executive Order seeks to rewrite those realities
`and replace them with the sole options of “male” or “female” as defined in the Executive Order
`based on no science, no evidence, and no meaningful explanation aside from empty, dehumanizing
`rhetoric.
`6. Though publicly silent, the State Department has already implemented its new
`Passport Policy. On information and belief, and according to many news reports, the Secretary of
`State has ordered the State Department to suspend processing of passport applications that seek to
`change the sex designation on a person’s passport or that selected an “X” sex designation—sowing
`chaos and causing immediate irreparable harm. As further proof of implementation, after Plaintiff
`Zaya Perysian requested a new passport reflecting that she is a woman, she received her passport
`back on January 28, 2025 with an “M” sex designation, along with a form stating that the sex on
`her passport application had been “corrected.”
`7. Without complying with its statutory obligation to provide a 60- day notice and
`comment period, the State Department has also changed its passport application forms to exclude
`the “X” sex designation option that has existed on the form for years.
`8. The Passport Policy and Executive Order are part of a broader assault against
`transgender and nonbinary people by this Administration and are part of a historical pattern of
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`federal an
`d state governments attacking and seeking to erase transgender, intersex, and nonbinary
`people. The Executive Order’s tortured definition of sex is already being implemented across the
`federal government to deny transgender people’s rights, including in military service, education,
`other identification documents, and healthcare. It comes on the heels of similar attacks by various
`states—and by the first Trump Administration. And it is the latest in a decades-long line of
`governmental actions seeking to further oppress transgender and gender-nonconforming people.
`9. Plaintiffs are transgender or nonbinary Americans who have been harmed, and will
`continue to be harmed, by the Passport Policy. Because of the Passport Policy, as noted, one
`plaintiff had her passport returned by the State Department with a male sex designation despite the
`fact that she lives and expresses herself as a woman and her other identification documents
`correctly have a sex designation of female. Other plaintiffs have submitted their passports for
`renewal or to change their passport sex designation, which the State Department will deny under
`the Passport Policy. Still others are afraid to do so for fear the State Department will suspend their
`application and hold their passport, or will send back an unusable passport with the wrong sex
`designation. All have faced prior mistreatment due to their gender identities, and they fear that
`having incorrect sex designations on their passports will cause them further mistreatment —
`including putting them in danger.
`10. This suit seeks a declaration that the Passport Policy and Executive Order as applied
`to passports are unconstitutional, a declaration that the Passport Policy violates the APA, and a
`permanent injunction restoring the status quo ante. Declaratory and injunctive relief are needed to
`remedy the many constitutional and statutory violations the Passport Policy inflicts. Relief is
`needed on a class -wide basis to prevent class -wide harm to the hundreds of thousands , if not
`millions, of transgender, nonbinary, and intersex people in the United States who need a passport
`they can use without suffering harm.
`JURISDICTION AND VENUE
`11. This Court has jurisdiction under 28 U.S.C. §§ 1331 (federal question) and 1346
`(civil actions against the United States).
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`12. This Court
` has jurisdiction to review final agency actions under 5 U.S.C. § 702.
`13. This Court has further remedial authority under the Declaratory Judgment Act, 28
`U.S.C. §§ 2201 et seq.
`14. Defendants are subject to personal jurisdiction in this Court.
`15. Venue is proper in this District under 28 U.S.C. §§ 1391(b)(2) and 1391(e)(1).
`Defendants are the United States, its agencies, and its officers sued in their official capacities.
`Plaintiffs Bella Boe , Sawyer Soe, 1 and Reid Solomon- Lane are resident s of this District. A
`substantial part of the events or omissions giving rise to this Complaint occurred in this District.
`PARTIES
`A. Plaintiffs
`16. Ashton Orr is a United States citizen and a resident of Morgantown, West Virginia.
`17. Zaya Perysian is a United States citizen and a resident of Santa Clarita, California.
`18. Sawyer Soe is a United States citizen and a resident of Salem, Massachusetts.
`19. Chastain Anderson is a United States citizen and lives near Richmond, Virginia.
`20. Drew Hall is a United States citizen and a permanent resident of Wisconsin.
`21. Bella Boe is a United States citizen and a resident of Cambridge, Massachusetts.
`22. Reid Solomon- Lane is a United States citizen and a resident of North Adams,
`Massachusetts.
`B. Defendants
`23. Defendant Donald Trump is the President of the United States. He is sued in his
`official capacity. By statute, the President has authority to prescribe certain rules for the issuance
`of passports. See 22 U.S.C. § 211a.
`1 “Bella Boe” and “Sawyer Soe” are pseudonyms used in this Complaint to refer to two of the
`plaintiffs. A motion for leave for them to procced under pseudonyms will be filed shortly with the
`Court.
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`24. Defendant
` Department of State (the “State Department”) is a federal executive
`department responsible for implementing the Executive Order. It is an agency within the meaning
`of the APA. See 5 U.S.C. § 551(1).
`25. Defendant Marco Rubio is the Secretary of State. He is responsible for supervising
`and directing the State Department. He is sued in his official capacity. By statute, the Secretary
`of State has authority to issue passports under rules prescribed by the president. See 22 U.S.C.
`§ 211a. By executive order, the president has delegated the authority to prescribe those rules for
`passport issuance to the Secretary of State. See Executive Order 11295, 31 Fed. Reg. 10,603
`(Aug. 5, 1966).
`26. Defendant United States of America is the government of the United States and
`includes all government agencies and officials responsible for implementing the Passport Policy
`and the Executive Order as applied to passports.
`27. The State Department and Secretary Rubio are collectively referred to as the
`“Agency Defendants.”
`ALLEGATIONS
`A. Gender Identity, Transgender People, Nonbinary People, and Intersex People
`1. Gender Identity
`28. “Gender identity” refers to a person’s core, internal sense of belonging to a
`particular sex. There is a medical consensus that gender identity is innate and that efforts to change
`a person’s gender identity are unethical and harmful to a person’s health and well-being.
`29. The concept of “sex” refers to multiple physiologic attributes, such as
`chromosomes, gonads (glands that produce hormones and gametes), and anatomy (internal and
`external reproductive parts), secondary sex characteristics that usually develop during puberty, and
`gender identity. “Sex assigned at birth” refers to the designation of sex generally noted on a birth
`certificate shortly after birth, almost always based solely on the appearance of an infant’s external
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`genitalia.
` The term “biological sex” is less precise than “sex assigned at birth” because it does not
`account, for example, for intersex conditions and gender identity.
`30. A person’s gender identity is an essential part of their identity and very frequently
`predicts how they will be identified by others more accurately than their sex assigned at birth. For
`purposes of identity documents, including passport s, a person’s gender identity is the most
`important and accurate characteristic for determining what their sex is and what their sex
`designation should be.
`31. According to the American Medical Association, the American College of
`Physicians, the American Psychiatric Association, and 25 other major U.S. medical and
`psychological professional associations , “variations in . . . gender identity are a normal part of
`human development” and “research and experience shared by scholars, clinicians, and patients
`have shown that . . . efforts [to change someone’s gender identit y have not succeeded] and are
`harmful.”2
`2. Transgender People
`32. Transgender people have a gender identity different from their sex assigned at birth.
`According to one set of surveys, more than 1.6 million Americans are transgender.3
`33. When a person’s sex assigned at birth and gender identity align, the person is
`“cisgender.”
`2 United States Joint Statement Against Conversion Efforts (completed Aug. 23, 2023), available
`at https://d3dkdvqff0zqx.cloudfront.net/groups/apaadvocacy/attachments/USJS-Final-
`Version.pdf.
`3 Jody Herman et al., How Many Adults and Youth Identify as Transgender in the United States?,
`Williams Institute, UCLA School of Law 1 (2022), https://williamsinstitute.law.ucla.edu/wp-
`content/uploads/Trans-Pop-Update-Jun-2022.pdf (last accessed Feb. 6, 2025).
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`3. Nonbinary People
`34. “Nonbinary” people have a gender identity that is not exclusively male nor
`exclusively female. According to one set of surveys, more than 1.2 million Americans identify as
`nonbinary.4
`4. Intersex People
`35. “Intersex” is a term used to describe a wide range of natural bodily variations ,
`which some medical professionals refer to as “differences of sexual development.” Intersex people
`are born with sex characteristics that do not fit typical binary notions of bodies designated “male”
`or “female.” Intersex variations differ; some intersex traits may be discovered at birth, some may
`not be discovered until puberty, and some may never be discovered. For example, intersex people
`can have certain variations in chromosomes, external genitals, internal reproductive organs, and
`hormone production and response that cause these variations in their bodies. According to
`estimates by the United Nations, between 0.05% and 1.7% of the population is born with intersex
`traits—meaning there are potentially as many as 5.6 million intersex people in the United States.
`5
`36. During the initial gestation period, embryos with XX chromosomes and embryos
`with XY chromosomes appear the same in terms of their biological makeup. Various aspects of
`the embryos later typically begin to develop differently depending on whether the embryo has XX
`or XY chromosomes. This binary differential development is not always what occurs, however,
`and there are many variations in genitals, internal reproductive organs, hormones, and other aspects
`of the body that do not align with a strict sex binary.
`4 Bianca D.M. Wilson et al., Nonbinary LGBTQ Adults in the United States , Williams Institute,
`UCLA School of Law 2 (June 2021), https://williamsinstitute.law.ucla.edu/wp-
`content/uploads/Nonbinary-LGBTQ-Adults-Jun-2021.pdf (last accessed Feb. 6, 2025).
`5 United Nations Free & Equal, “Intersex People,” Office of the United Nations High
`Commissioner for Human Rights 1 ( 2024),
`https://www.unfe.org/sites/default/files/download/Intersex%20factsheet%202024%20EN%20-
`%20CLEARED.pdf (last accessed Feb. 6, 2025)
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`37. Some inte
`rsex people do not produce either (and some may produce both) the “large
`reproductive cell” or “small reproductive cell”—that is, the ovum and sperm—that are at the core
`of the definitions of female and male in the Executive Order. Further, some intersex people may
`produce either sperm or ovum but have genitalia or chromosomes typically associated with the
`different sex (e.g., a person with testes who is assigned female at birth based on genitalia).
`38. Some intersex people are transgender because their gender identity is different from
`the sex they were assigned at birth. Some intersex people, however, were assigned a sex at birth
`that is the same as their gender identity, meaning that they are cisgender.
`5. Gender Dysphoria and Gender-Af firming Care
`39. Gender dysphoria is a medically recognized condition defined by a marked
`incongruence between a person’s gender identity and the sex they were assigned at birth, when
`accompanied by clinically significant distress or impairment in social, occupational, or other
`important areas of functioning.
`6 Many transgender people (including transgender people who are
`nonbinary or intersex) experience gender dysphoria. Gender dysphoria is a serious medical
`condition that, if left untreated, can lead to debilitating depression and even suicidal ideation and
`acts.
`40. The treatment protocols for gender dysphoria are laid out in established, evidence-
`based clinical guidelines: (i) the Endocrine Society Clinical Practice Guideline for Endocrine
`Treatment of Gender -Dysphoric/Gender-Incongruent Persons and (ii) the World Professional
`Association for Transgender Health (“WPATH”) Standards of Care (“SOC”) for the Health of
`Transgender and Gender Diverse People, which was initially published in 1979 and is now in its
`eighth version, which was released in 2022 . These guidelines are supported by all major U.S.
`medical associations and reflect the professional consensus about the psychological, psychiatric,
`6 See, e.g., Am. Psychiatric Ass’n, Diagnostic and Statistical Manual of Mental Disorders: DSM-
`5-TR at 512–13 (2022).
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`hormonal,
`and surgical management of gender dysphoria. These clinical guidelines are
`comparable to clinical guidelines used to treat other medical conditions.
`41. It is the recognized standard of care to address gender dysphoria with social
`affirmation as well as medical treatment designed to bring a person’s body and expression of their
`sex in line with their gender identity. This course of treatment has different components depending
`on the particular needs and age of each person.
`42. Treatment for gender dysphoria brings a person’s social interactions, appearance,
`and body into greater alignment with the person’s gender identity, which helps alleviate distress.
`Treatment for gender dysphoria may involve social transition, hormone treatment, and/or gender-
`affirming surgery or surgeries.
`43. Social transition involves shifting one’s presentation and social functioning so that
`it is consistent with one’s gender identity. Typically, it involves some or all of the following:
`a. Change in clothing, hair, or appearance;
`b. Change of name;
`c. Change in pronouns (e.g., “she,” “he,” or “they”);
`d. Change in participating in gender-specific activities, events, or spaces; and
`e. Change of the sex designation on identifying documents, including an
`individual’s driver’s license and passport.
`44. Treatment for gender dysphoria typically includes living one’s life consistently with
`one’s gender identity, including using identity documents that reflect one’s gender identity.
`45. While social transition is adequate to treat gender dysphoria for some people, others
`may need other forms of treatment as well.
`46. Hormone treatment is used to help a person develop secondary sex characteristics
`consistent with their gender identity , which may affect how the person receiving such treatment
`physically presents and is perceived by others.
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`47. Gender-aff
`irming surgeries may include a wide variety of surgeries, many of which
`also affect how the person undergoing surgery physically presents and is perceived by others, such
`as augmentation mammoplasty, chest reconstruction surgery, and facial feminization surgery.
`6. Violence and Disc rimination Against and Harassment and Mistreatment of
`Transgender, Nonbinary, and Intersex People
`48. Transgender, nonbinary, and intersex people often experience violence, harassment,
`discrimination, and social stigma when others learn that they are transgender , nonbinary, or
`intersex.
`49. For decades, transgender , nonbinary, and intersex people have been subject to
`numerous and varied attempts by both private individuals and government actors to discriminate
`against and oppress them, and to attempt to erase their existence.
`50. Transgender people are more likely to suffer harassment, discrimination, and
`violence than the population at large. According to the National Center for Transgender Equality’s
`U.S. Transgender Survey:
`a. Around a quarter (24%) of respondents had been physically attacked in a K-12
`school because people thought they were transgender.
`b. In the year prior to completing the survey, 27% of respondents who had a job
`reported being fired, denied a promotion, or experiencing some other form of
`mistreatment in the workplace due to their gender identity or presentation.
`c. Nearly half (47%) of respondents had been sexually assaulted during their
`lifetime.
`d. Among respondents who had interacted with police, 58% of those whom the
`police perceived as transgender experienced some form of mistreatment.
`e. Twenty-five percent of transgender people were verbally harassed, 16% denied
`services or benefits, 9% asked to leave a location or establishment, and 2%
`assaulted or attacked after showing identification with a name or sex
`designation that did not match their gender presentation.
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`51. For trans
`gender people of color, these forms of mistreatment are even more
`common.
`52. As a result of these forms of mistreatment, 39% of respondents experienced serious
`psychological distress in the month prior to completing the survey, compared with only 5% of the
`U.S. population as a whole. Moreover, 40% percent of respondents attempted suicide in their
`lifetime—nearly nine times the attempted suicide rate in the U.S. population as a whole (4.6%).
`53. Nonbinary people are also subject to violence and discrimination, and many of the
`statistics regarding violence against transgender people include nonbinary people.7
`54. Intersex people also are more likely to suffer violence, discrimination, harassment,
`and mistreatment. For instance, surveys indicate that anywhere from one quarter to half of intersex
`people had been subjected to violence.8
`B. The Importance of Passports Consistent with the Sex a Person Lives As
`55. A passport is an essential government -issued document that individuals use for
`various important purposes throughout their lifetime.
`56. Passports are necessary for travel outside of the country and for reentry into the
`United States. See 8 U.S.C. § 1185(b). Foreign countries generally bar entrance by U.S. citizens
`without a valid U.S. passport and/or condition issuance of a necessary visa on holding a valid U.S.
`passport.
`7 See, e.g. , Human Rights Campaign Foundation, The Epidemic of Violence Against the
`Transgender & Gender -Expansive Community in the U.S.: The 2024 Report (Nov. 2024),
`https://reports.hrc.org/an-epidemic-of-violence-2024 (last accessed Feb. 6 , 2025); Skylar
`Davidson, Gender inequality: Nonbinary transgender people in the workplace , Cogent Social
`Sciences (2016).
`8 The Trevor Project, The Mental Health and Well -being of LGBTQ Youth who are Intersex at 4
`(2021), https://www.thetrevorproject.org/wp-content/uploads/2021/12/Intersex-Youth-Mental-
`Health-Report.pdf (last accessed Feb. 6 , 2025); ILGA -Europe and OII Europe, Diving Into the
`FRA LGBTI II Survey Data: Intersex Briefing (2023), https://www.ilga-
`europe.org/report/intersections-intersex-diving-into-the-fra-lgbti-ii-survey-data/ (last accessed
`Feb. 6, 2025).
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`57. When travel
`ing or living abroad, U.S. passports often are necessary for numerous
`purposes and often are the only form of identification carried by a U.S. citizen that is recognized
`or acknowledged by foreign authorities or private citizens. A passport often is needed in other
`countries to check in to a hotel, to use a bank, to receive medical services and for many other
`purposes.
`58. If there is an emergency while abroad, passports are the primary way for a U.S.
`citizen to identify themself to U.S. officials, such as those at an embassy or consulate.
`59. Passports can also be useful or necessary for travel within the United States. If a
`person does not have another valid form of identification, they generally cannot board a plane .
`Under the REAL ID Act, certain state identification documents will no longer be able to be used
`for domestic travel when the Act comes into effect on May 7, 2025.
`60. Passports are used in a wide variety of contexts as identification documents, such
`as determining eligibility for employment, enrolling in government programs, and engaging in a
`wide range of financial transactions. Passports are also used to obtain other important forms of
`identification and can be used as an “identification of last resort” due to their widespread
`acceptance and the weight accorded a federal government document. For instance, passports can
`often be used to obtain driver’s licenses, as proof of age, as proof of citizenship, and for educational
`registration.
`61. Forcing transgender , nonbinary, and intersex people to carry and use identity
`documents that do not align with the sex they live and present themselves as, or denying them
`necessary identity documents, is inconsistent with protocols regarding social transition . It can
`cause anxiety and distress to individuals who are transgender and result in discrimination and
`violence against them. Additionally, for those who have struggled for years with the impact of
`external invalidation of their identity, the knowledge that their identification documents label them
`with a sex different from the sex they live as can, by itself, cause serious psychological injury.
`62. Recognizing the importance of identification documents, the American Medical
`Association “supports ever y individual’s right to determine their gender identity and sex
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`designati
`on on government documents” and urges that governments “allow for a sex designation
`or change of designation on all government IDs to reflect an individual’s gender identity, as
`reported by the individual and without need for verification by a medical professional.”9
`63. Forcing transgender people to carry and present identification that lists their sex as
`defined by the Executive Order can out them to officials and private citizen strangers as
`transgender, a profoundly private piece of information in which they have a reasonable expectation
`of privacy. Such a policy deprives transgender people of significant control over the circumstances
`surrounding disclosure of their transgender identity, including when, where, how, and to whom
`their identity is disclosed.
`64. The Passport Policy also harms intersex people who are not transgender and who
`want an “M” or “F” sex designation on their passport. If, for example, someone who is intersex
`lives their life as a woman and presents to others as a woman and therefore wants an “F” on their
`passport, but the Passport Policy would require them to have a n “M” on their passport, that will
`wrongly suggest that they are transgender or will out them as being intersex. Their being intersex
`is a profoundly private piece of information in which they have a reasonable expectation of privacy.
`The Passport Policy therefore deprives them of significant control over the circumstances
`surrounding disclosure of the fact that they are intersex, including when, where, how, and to whom
`their identity is disclosed.
`65. The Passport Policy also harms nonbinary people who are not transgender and who
`want an “M” or “F” sex designation that is inconsistent with how the Executive Order defines their
`sex. Someone who meets the Executive Order’s definition of male but who is nonbinary and lives
`their life and presents as a woman and wants an F on their passport will have it disclosed against
`their will that they meet the Executive Order’s definition of male . That is a profoundly private
`piece of information in which they have a reasonable expectation of privacy. The Passport Policy
`9 Conforming Sex and Gender Designation on Government IDs and Other Documents H -65.967,
`Am. Med. Ass’n ( 2021), https://policysearch.ama-
`assn.org/policyfinder/detail/gender?uri=%2FAMADoc%2FHOD.xml-0-5096.xml ( last accessed
`Feb. 6, 2025).
`Case 1:25-cv-10313 Document 1 Filed 02/07/25 Page 14 of 59
`14a
`
`
`
`
`
`
`
`therefor
`e deprives them of significant control over the circumstances surrounding disclosure of the
`fact that the y fall within the Executive Order’s definition of male, including when, where, how,
`and to whom that is disclosed.
`66. Further, requiring people who want an “X” sex designation on their passport to
`instead have an “M” or “F” designation f orces them to disclose whether they meet the Executive
`Order’s definition male or female. That is a profoundly private piece o