Old Oct 26, 18, 5:26 am
  #3  
saizai
 
Join Date: Dec 2010
Posts: 928
Originally Posted by Skatering View Post
The outcome of this could lead to the cancellation of passports held by transgender people, with the insistence that these documents are re-issued based on birth sex. This could lead to a de facto ban on travel by transgender Americans (which would probably be the least of their problems if this passed.)
Trans people already travel on non-matching ID all the time. It would likely lead to the usual harassment, but not a ban.

But I was wondering, as a trans woman (UK citizen, Canadian resident) would this lead to a de facto ban from the US for myself and others like me? Would my passport be considered invalid due to my sex designation not matching what the federal government considers me to be?
I don't believe so. While you might be treated as male under US domestic federal law, your passport is an assertion of UK sovereign authority, and its designation states the UK's opinion that you're female.

Refusing to honor it on that basis, or demanding a genital or DNA check, would cause a diplomatic incident.

However, you might have issues under domestic US law, e.g. harassment or discrimination, like US residents. (This is an issue among countries that disagree about whether someone is married to someone else, e.g. for foreigners needing emergency health care and access to their unrecognized spouse. Or divorcing while abroad. Etc.)

What if I were to apply for a US visa? What sex marker would they use then?
Because a visa expresses the views of the issuing country, but is also a sort of inter-country agreement, it could be either. Would depend on what the US Department of State decides; they might have a policy of "just copy the passport". (Mind that they'd also care about reciprocity issues; they don't want US citizens to have their passports disrespected by other countries.)

The proposal you reference, AFAIK, is within Department of Health & Human Services, which handles domestic stuff like insurance, employment, death, etc. I'm not aware of any HHS jurisdiction over foreign policy issues.

Is there any precedent with 'X' gender passports in countries that don't recognise this designation?
I'm not aware of any case law at all about X gender passports, anywhere worldwide, except for cases from people trying to get one. If anyone else knows of any case law on this anywhere, I'd like to see it.
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