Trump's Anti-Trans Proposal and Passports

Reply

Old Oct 22, 18, 1:35 pm
  #1  
Original Poster
 
Join Date: Sep 2015
Location: YYZ (ex-LHR)
Programs: BA Silver, VS Red, OZ Silver
Posts: 437
Trump's Anti-Trans Proposal and Passports

I'll be first to admit this is idle speculation, but there was an article in yesterday's New York Times (https://www.nytimes.com/2018/10/21/u...efinition.html) regarding a proposal by the Trump administration to define biological sex as 'the sex assigned before or at birth' which cannot be changed.

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.)

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? What if I were to apply for a US visa? What sex marker would they use then?

I'd be very surprised if a policy like this was enacted, but I'm genuinely curious how this would affect travel. Is there any precedent with 'X' gender passports in countries that don't recognise this designation?
Skatering is offline  
Reply With Quote
Old Oct 23, 18, 1:34 am
  #2  
A FlyerTalk Posting Legend
 
Join Date: Jul 2001
Location: Watchlisted by the prejudiced, en route to purgatory
Programs: Just Say No to Fleecing and Blacklisting
Posts: 87,258
Originally Posted by Skatering View Post
I'll be first to admit this is idle speculation, but there was an article in yesterday's New York Times (https://www.nytimes.com/2018/10/21/u...efinition.html) regarding a proposal by the Trump administration to define biological sex as 'the sex assigned before or at birth' which cannot be changed.

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.)

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? What if I were to apply for a US visa? What sex marker would they use then?

I'd be very surprised if a policy like this was enacted, but I'm genuinely curious how this would affect travel. Is there any precedent with 'X' gender passports in countries that don't recognise this designation?
Non-US passports with the X designation in the sex field would not be invalid for use. They work currently and would continue to work. If things were to change for such non-US passport users because of an X instead of an M or F field, it would take some regulatory changes at the very least and there would be advance notice of sorts. But maybe this is another reason for X passport users to get their ESTAs and/or US visas sooner than later.

Passports with X work to visit/enter/transit most countries in much the same way as other passports from the same foreign country, at least if you manage to get a visa of sorts.
GUWonder is offline  
Reply With Quote
Old Oct 26, 18, 5:26 am
  #3  
 
Join Date: Dec 2010
Posts: 915
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.
saizai is offline  
Reply With Quote
Old Oct 26, 18, 9:20 pm
  #4  
 
Join Date: May 2009
Location: South Park, CO
Programs: Tegridy Elite
Posts: 4,933
Originally Posted by Skatering View Post
I'm genuinely curious how this would affect travel.
It wouldn't. At all. Title IX - the statute under discussion in the linked article - deals with sex-based discrimination in Federally-funded education programs and activities. It has absolutely nothing to do with passports, visas, immigration, or travel...or anything else beyond the scope of Title IX, for that matter.
84fiero is offline  
Reply With Quote

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are On
Refbacks are Off


Thread Tools
Search this Thread