LGBTQ+ advocates express concern over new CBP passport directive

A recent policy implemented by U.S. Customs and Border Protection (CBP) is raising concerns among LGBTQ+ advocates and travellers with non-binary gender identities. The new rule instructs airlines to disregard the "X" gender marker on U.S. passports, requiring them to input either "M" or "F" instead. This directive has sparked anxiety within the community, with many fearing potential complications and discrimination during international travel.

The "X" gender marker, introduced in 2022, was a landmark achievement that allowed individuals who identify as neither male nor female to obtain travel documents that accurately reflect their gender identity. Advocates championed the move as a step toward inclusivity and respect for gender diversity.

As The Guardian reports, the current CBP directive has sowed confusion and fear among passport holders with the "X" marker. Andy Izenson, Senior Legal Director at the Chosen Family Law Center, stated that while passports with "X" markers remain valid, the new rule could create opportunities for discriminatory practices.

"The intent seems to be to allow individuals acting under the authority of the state to act out their personal biases without concern for consequences," Izenson said. They added that clarifying how the rule will be enforced has been difficult.

According to CBP, "Foreign travelers with authorized and valid US travel documents are being processed as they were previously…An applicant’s choice of sex is not criteria for an applicant’s admission into the US.”

Dr. July Pilowsky, a scientist and U.S. citizen residing in Spain, shared that the new rule has already caused disruptions in their life. Pilowsky, who uses he/they/she pronouns, opted for the "X" marker to avoid inconsistencies across identity documents and to mitigate potential harassment at border crossings.

"When you have a sex marker that says 'X', then suddenly it’s difficult for the CBP officer to build an image of what you’re supposed to look like and compare you against it, positively or negatively," Pilowsky explained. They now fear a return to increased scrutiny and invasive procedures.

Despite the challenges, Carl Charles, Counsel for Lambda Legal, emphasized that the availability of "X" markers remains a significant victory for the LGBTQ+ community.

Legal experts anticipate potential legal challenges to the policy, depending on its implementation and impact on travelers. Izenson noted that the policy's effects could vary based on individual experiences, perceived gender, appearance, and other factors.

Izenson suggests the policy is a distraction from more critical issues: "They are trying to throw us into a state of reactivity so that we’re not able to focus on practical advocacy and the material needs of our communities. The more they can keep us confused and freaked out and not sure what’s going on, the more they can do whatever they want.”