Chilling effect
(n.) the inhibition or discouragement of the legitimate exercise of natural & legal rights by the threat of legal sanction
[Wikipedia]
Executive Order 14168, one of the many EOs signed on Inauguration Day, forbids the State Department from issuing passports to trans people with updated gender markers. (That’s not all—it does many other awful things—but this post is just about passports.) The ACLU is seeking to overturn this policy in Orr v. Trump. As one of the people affected, I have been closely following their case.
The plaintiffs secured a preliminary injunction in mid-April which enabled each of them to update the gender marker on their passports. Two months later a federal judge granted class status in the case, expanding the injunction to apply to all trans people seeking passport gender marker updates. The State Department, at least initially, chose to intentionally defy the court order, but they eventually gave in and have processed some trans passport updates.
The Passport Office is keeping track of every passport issued under the injunction. In a recent filing with the court, Acting Deputy Assistant Secretary Ryan Dooley made it clear that the State Department will replace any passports issued under the injunction as soon as they’re allowed to. [Erin Reed]
I travel frequently for work. I’ve already left the country a half a dozen times since being issued a passport with the wrong gender marker in February. Traveling with this passport makes me demonstrably less safe than I would be with one that matches my name and appearance.
I really want to avail myself of the opportunity this injunction presents, but I can’t afford to have my passport revoked out from under me at some unpredictable time, especially given my travel obligations. So I’m holding off.