The ruling came from Judge Julia Kobick in Boston, who had previously allowed six individuals to apply for passports matching their gender identity. Her latest decision extends nationwide, applying to all those affected by the policy. Kobick found that the policy likely violates the US Constitution, as it discriminates on the basis of sex and is rooted in “irrational prejudice” against transgender people.

The policy stemmed from an executive order issued by Trump upon his return to the White House in January. The order instructed the federal government to recognise only “biological sex” as male or female. It also required the State Department to issue passports that reflect the sex assigned at birth, eliminating options such as “X” for non-binary individuals.

Until 2024, Americans could choose whether their passport identified them as male, female or “X”, a policy introduced under President Biden.

The American Civil Liberties Union (ACLU) called the court decision “a significant victory against discrimination.” Trump’s campaign reacted angrily, labelling the judge “a rogue activist” promoting “radical gender ideology.”