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State Department to issue passports with ‘X’ gender marker

Special LGBTQ rights envoy celebrates ‘significant step’

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(Public domain photo)

The State Department on Wednesday is expected to issue the first U.S. passport with an “X” gender marker.

Jessica Stern, the special U.S. envoy for the promotion of LGBTQ rights abroad, on Tuesday told the Washington Blade and the Associated Press during a conference call the State Department will initially issue a gender-neutral passport to one person.

Stern said the State Department will begin “offering the ‘X’ gender marker option to routine passport applicants” in early 2022. A State Department official said the delay is necessary because the U.S. Office of Management and Budget needs to approve “the required form updates.”

Secretary of State Antony Blinken in June announced the State Department will allow passport applicants to “self-select their gender as ‘M’ or ‘F'”

People who identify as intersex, non-binary or gender non-conforming can choose a gender-neutral gender marker for their passports and Consular Report of Birth Abroad, a document that confirms an American who was born overseas is a U.S. citizen. The new policy that Blinken announced in June no longer requires “medical certification if an applicant’s self-selected gender does not match the gender on their other citizenship or identity documents.”

“Offering a third gender marker is a significant step towards ensuring that our administrative systems account for the diversity of gender identity, gender expression and sex characteristics,” said Stern during the conference call. “Because people do not always fit within a male or a female designation, it doesn’t benefit anyone to have inconsistencies between people and systems.”

Stern added passports with an “X” gender marker will “reflect the true gender of the passport holder and make people safer, hopefully by reducing the likelihood of dehumanizing harassment and mistreatment that so often happens at border crossings when a person’s legal documentation does not correspond with their gender expression.”

“When a person obtains identity documents that reflect their true identity, they live with greater dignity and respect,” said Stern.

The State Department’s announcement comes a day after it publicly acknowledged Intersex Awareness Day, which commemorates the world’s first-ever intersex rights protect that took place in Boston in 1996.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as non-binary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. The State Department official with whom the Blade spoke on Tuesday declined to say whether Zzyym is the first person who will receive a gender-neutral passport in the U.S.

“The department does not generally comment on individual passport applications due to privacy considerations,” said the official.

Jessica Stern, the special U.S. envoy for the promotion of LGBTQ rights abroad. (Photo courtesy of OutRight Action International)

President Biden in February signed a memorandum that committed the U.S. to promoting LGBTQ rights abroad.

The White House in June named Stern, who had previously been the executive director of OutRight Action International, a global LGBTQ advocacy group, to her position. Stern said the issuance of passports with “X” gender markers demonstrates the Biden administration’s commitment to LGBTQ rights.

“I am proud that the United States seeks to protect and promote the human rights of LGBTQI+ persons globally and this is an excellent example of leading by example,” said Stern.

Canada, Australia, New Zealand and Argentina are among the handful of other countries that issue gender-neutral passports.

The State Department official said their colleagues have “been coordinating with Canada and New Zealand on best practices as we work towards this goal, based on their experiences.” They said the State Department has also “coordinated with several LGBTQI+ organizations, both directly and through the White House Domestic Policy Council, throughout this process.”

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Congress

Congress passes ‘Big, Beautiful Bill’ with massive cuts to health insurance coverage

Roughly 1.8 million LGBTQ Americans rely on Medicaid

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U.S. House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael Key)

The “Big, Beautiful Bill” heads to President Donald Trump’s desk following the vote by the Republican majority in the U.S. House of Representatives Thursday, which saw two nays from GOP members and unified opposition from the entire Democratic caucus.

To partially offset the cost of tax breaks that disproportionately favor the wealthy, the bill contains massive cuts to Medicaid and social safety net programs like food assistance for the poor while adding a projected $3.3 billion to the deficit.

Policy wise, the signature legislation of Trump’s second term rolls back clean energy tax credits passed under the Biden-Harris administration while beefing up funding for defense and border security.

Roughly 13 percent of LGBTQ adults in the U.S., about 1.8 million people, rely on Medicaid as their primary health insurer, compared to seven percent of non-LGBTQ adults, according to the UCLA School of Law’s Williams Institute think tank on sexual orientation and gender identities.

In total, the Congressional Budget Office estimates the cuts will cause more than 10 million Americans to lose their coverage under Medicaid and anywhere from three to five million to lose their care under Affordable Care Act marketplace plans.

A number of Republicans in the House and Senate opposed the bill reasoning that they might face political consequences for taking away access to healthcare for, particularly, low-income Americans who rely on Medicaid. Poorer voters flocked to Trump in last year’s presidential election, exit polls show.

A provision that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation — reportedly after the first trans member of Congress, U.S. Rep. Sarah McBride (D-Del.) and the first lesbian U.S. senator, Tammy Baldwin (D-Wis.), shored up unified opposition to the proposal among Congressional Democrats.

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Congress

Ritchie Torres says he is unlikely to run for NY governor

One poll showed gay Democratic congressman nearly tied with Kathy Hochul

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U.S. Rep. Ritchie Torres (D-N.Y.) (Washington Blade photo by Michael Key)

Gay Democratic Congressman Ritchie Torres of New York is unlikely to challenge New York Gov. Kathy Hochul (D) in the state’s next gubernatorial race, he said during an appearance Wednesday on MSNBC’s “Morning Joe.”

“I’m unlikely to run for governor,” he said. ““I feel like the assault that we’ve seen on the social safety net in the Bronx is so unprecedented. It’s so overwhelming that I’m going to keep my focus on Washington, D.C.”

Torres and Hochul were nearly tied in a poll this spring of likely Democratic voters in New York City, fueling speculation that the congressman might run. A Siena College poll, however, found Hochul leading with a wider margin.

Back in D.C., the congressman and his colleagues are unified in their opposition to President Donald Trump’s signature legislation, the “Big Beautiful Bill,” which heads back to the House after passing the Senate by one vote this week.

To pay for tax cuts that disproportionately advantage the ultra-wealthy and large corporations, the president and Congressional Republicans have proposed massive cuts to Medicaid and other social programs.

A provision in the Senate version of the bill that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation, reportedly after pressure from transgender U.S. Rep. Sarah McBride (D-Del.) and lesbian U.S. Sen. Tammy Baldwin (D-Wis.).

Torres on “Morning Joe” said, “The so-called Big Beautiful Bill represents a betrayal of the working people of America and nowhere more so than in the Bronx,” adding, “It’s going to destabilize every health care provider, every hospital.”

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Congress

House Democrats oppose Bessent’s removal of SOGI from discrimination complaint forms

Congressional Equality Caucus sharply criticized move

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Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

A letter issued last week by a group of House Democrats objects to Treasury Secretary Scott Bessent’s removal of sexual orientation and gender identity as bases for sex discrimination complaints in several Equal Employment Opportunity forms.

Bessent, who is gay, is the highest ranking openly LGBTQ official in American history and the second out Cabinet member next to Pete Buttigieg, who served as transportation secretary during the Biden-Harris administration.

The signatories to the letter include a few out members of Congress, Congressional Equality Caucus chair and co-chairs Mark Takano (Calif.), Ritchie Torres (N.Y.), and Becca Balint (Vt.), along with U.S. Reps. Nikema Williams (Ga.), Hank Johnson (Ga.), Raja Krishnamoorthi (Ill.), Delia Ramirez (Ill.), Joyce Beatty (Ohio), Lloyd Doggett (Texas), Eleanor Holmes Norton (D.C.), Josh Gottheimer (N.J.), and Sylvia Garcia (D-Texas).

The letter explains the “critical role” played by the EEO given the strictures and limits on how federal employees can find recourse for unlawful workplace discrimination — namely, without the ability to file complaints directly with the Employment Opportunity Commission or otherwise engage with the agency unless the complainant “appeal[s] an agency’s decision following the agency’s investigation or request[s] a hearing before an administrative judge.”

“Your attempt to remove ‘gender identity’ and ‘sexual orientation’ as bases for sex discrimination complaints in numerous Equal Employment Opportunity (EEO) forms will create unnecessary hurdles to employees filing EEO complaints and undermine enforcement of federal employee’s nondiscrimination protections,” the members wrote in their letter.

They further explain the legal basis behind LGBTQ inclusive nondiscrimination protections for federal employees in the EEOC’s decisions in Macy v. Holder (2012) and Baldwin v. Foxx (2015) and the U.S. Supreme Court’s decision in Bostock v. Clayton County (2020).

“It appears that these changes may be an attempt by the department to dissuade employees from reporting gender identity and sexual orientation discrimination,” the lawmakers wrote. “Without forms clearly enumerating gender identity and sexual orientation as forms of sex discrimination, the average employee who experiences these forms of discrimination may see these forms and not realize that the discrimination they experienced was unlawful and something that they can report and seek recourse for.”

“A more alarming view would be that the department no longer plans to fulfill its legal obligations to investigate complaints of gender identity and sexual orientation and ensure its
employees are working in an environment free from these forms of discrimination,” they added.

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