OLYMPIA — Washington Attorney General Nick Brown today joined a coalition of 12 attorneys general in submitting a comment letter to the U.S. Department of State opposing proposed changes to the passport application process that would prevent transgender individuals from obtaining a passport that matches their gender identity.
“These discriminatory rules would add confusion and costs for taxpayers merely to satisfy the president’s fixation on dehumanizing an entire class of people,” Brown said.
On Jan. 20, the Trump administration issued an executive order declaring that the United States will only recognize two sexes, male and female, and instructing the secretaries of State and Homeland Security, among others, to “implement changes that require that government-issued identification documents, including passports, visas, and Global Entry cards, accurately reflect the holder’s sex,” as defined by the executive order. Subsequently, the State Department proposed changes to several passport information collection forms. The executive order and proposed form changes break with decades of federal policy on gender identity, including the ability for individuals to change gender markers in identifying records and documents.
In its comment letter, the coalition explains the proposed changes would significantly harm non-binary and transgender people. Forcing a transgender or non-binary person to use identity documents that do not align with their gender identity impedes their ability to live and travel. For example, when a person’s passport does not comport with their physical appearance, it could cause confusion, delays, or harassment when they travel within the United States and internationally. These harms compound the psychological harm that could result from the new policy.
Further, the coalition warns that the policy would cause considerable confusion between state-issued identification cards and federal identification documents. At least 16 states, including Washington, allow transgender and non-binary people to correct their state-issued birth certificate to accurately reflect their gender identity. If identifying information on state-issued documents does not match information on federal documents, individuals would likely experience delays when trying to access resources, and states would likely be forced to expend needless resources to review mismatched documents.
Joining AG Brown in submitting the comment letter, which was led by Massachusetts Attorney General Andrea Joy Campbell and New York Attorney General Letitia James, were the attorneys general from California, Connecticut, Hawaii, Illinois, Minnesota, Nevada, New Jersey, Oregon, and Vermont.
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