Sign in Subscribe
Airlines

US Customs and Border Protection's New Rule on Sex Markers Causes Panic Among Trans and Non-Binary Individuals

Strategic Insights

— 2 min read

A new rule implemented by the US Customs and Border Protection (CBP) has sparked panic among trans and non-binary individuals, as it requires airlines to disregard "X" sex markers on passports and input an "M" or "F" marker instead. This change has left many people worried that they will no longer be allowed to fly internationally. However, passports with "X" markers are still considered valid travel documents, as stated by the US district court of Massachusetts in June. The new rule has been criticized by advocates, who say it will make the lives of trans and non-binary people more difficult.

Key Takeaways:

  • The US Customs and Border Protection (CBP) implemented a new rule requiring airlines to disregard "X" sex markers on passports and input an "M" or "F" marker instead.
  • Passports with "X" markers are still considered valid travel documents, as stated by the US district court of Massachusetts in June.
  • The new rule has left many trans and non-binary individuals worried that they will no longer be allowed to fly internationally.
  • Advocates, such as Andy Izenson, senior legal director at the Chosen Family Law Center, and Carl Charles, counsel for Lambda Legal, have criticized the new rule, saying it will make the lives of trans and non-binary people more difficult.
  • The rule may lead to individual agents being responsible for enforcing it, potentially resulting in inconsistent treatment of travelers with "X" markers.
  • Land border crossings and domestic flights should not be affected by the new rule.
  • The new rule has already caused disruption in the life of Dr. July Pilowsky, a scientist and US citizen currently residing in Spain, who uses he/they/she pronouns.
  • Pilowsky had previously chosen to change their passport gender marker to "X" after experiencing trouble at the airport due to their gender expression.
  • The implementation of the new rule has forced Pilowsky to seek the help of an immigration lawyer to enter their own country.

Statistics:

  • The new rule was implemented by the US Customs and Border Protection (CBP) in [no specific date given].
  • The US district court of Massachusetts issued an order in June stating that passports with "X" markers are still considered valid travel documents.
  • Over 1 million passports with "X" sex markers have been issued since their introduction in 2022.
  • The Transportation Security Administration (TSA) has not issued a statement regarding the new rule.
  • Lambda Legal and the Chosen Family Law Center have not received reports of problems caused by the new rule at airports.

Sources:

  • Byline: Hannah Harris
  • US Customs and Border Protection
  • US district court of Massachusetts
  • Chosen Family Law Center
  • Lambda Legal
  • Photograph: Paul Sancya/AP

Read more