Federal records, every state

Passports and Social Security in 2026

The big picture: Two federal offices changed course in 2025. New and renewed U.S. passports now show the sex assigned at birth, and the X marker is gone. Social Security stopped changing sex markers. Name changes still go through at both.

Last checked against official sources: November 3, 2026.

Why it matters

• Applying for any new passport, even just to change your name, can replace a marker that matches you with the sex assigned at birth. Source: ACLU, Orr v. Trump Not official Source: Human Rights Campaign, April 2026 Not official
• These are federal rules, so they are the same in Oregon, Washington, Utah, and everywhere else.

Passports

• On January 20, 2025, an executive order changed the rules. It said passports, visas, and Global Entry cards must show the holder's sex as the order defines it. Source: Executive Order 14168
• New and renewed passports now show the sex assigned at birth, no matter your name change or other documents. The X marker, offered since 2022, was eliminated. Source: Human Rights Campaign, April 2026 Not official
• The ACLU says anyone who applies for a passport is at risk of getting one with the sex assigned at birth. That includes new, corrected, replacement, and renewed passports. Source: ACLU, Orr v. Trump Not official
• Search results quoted the State Department as saying passports issued before the change stay valid until they expire. We could not open the department's page to confirm it. Source: U.S. State Department Not confirmed

Before you apply for a passport

You can still change your name on a passport with a certified court order. But the Human Rights Campaign warns of a risk. Asking for a name change could lead the State Department to change your passport's sex marker to match your birth sex. That can happen even if you had a different marker before. Source: Human Rights Campaign, April 2026 Not official

The State Department explains which form to use for a name change. U.S. State Department: change or correct a passport (official site).

If the State Department asks for early records

The Human Rights Campaign reports that some applicants got letters asking for "early public records" showing their name and sex at birth. Its advice: do not respond until you talk to an LGBTQ+-affirming attorney or legal organization. Until then, do not send court orders, medical records, or other documents about your transition. Source: Human Rights Campaign, April 2026 Not official

Free help: the Lambda Legal Help Desk (outside site).

The court case

• The ACLU sued over the passport policy in a case called Orr v. Trump. Source: ACLU, Orr v. Trump Not official
• A federal court blocked the policy in June 2025. In November 2025, the U.S. Supreme Court let the government enforce it while the case continues. Source: Human Rights Campaign, April 2026 Not official
• As of September 2026, the case is back in the trial court and in "discovery," the stage where each side gathers information. The ACLU expects that to last at least until spring 2027. Source: ACLU, Orr v. Trump Not official

Rules can change if the courts rule. We will update this page, but check the ACLU: Orr v. Trump case page (outside site) for the latest.

Social Security

• Name: after you legally change your name, update it by asking for a replacement Social Security card. You may be able to start online. Social Security: change your name (official site). Source: Social Security, change your name
• Sex marker: Oregon's DMV reports that as of January 31, 2025, Social Security was directed to stop processing gender marker updates. The Human Rights Campaign reports the same. Source: Oregon DMV Source: Human Rights Campaign, April 2026 Not official
• Why update your name first: some DMVs check your name against Social Security before they issue a card. Oregon's does. Source: Oregon DMV

What still works

• Oregon and Washington licenses still offer M, F, or X. Oregon's DMV says it has had no federal direction about markers on REAL ID cards and keeps offering all three. Source: Oregon DMV Source: Washington DOL
• Oregon and Washington birth certificates still offer M, F, or X through a form. Oregon, Washington.
• Court orders for name and sex changes still work in all three states. Compare the states.

Get help

• Lambda Legal Help Desk (outside site): general information and referrals through an online form. Not for emergencies.
• Human Rights Campaign: travel and passport rights (outside site)
• Legal help in Oregon, Washington, and Utah

Sources for this page

We read each of these on the date shown. See every source and what each label means.

1. Orr v. Trump, American Civil Liberties Union (Last update October 2, 2026). Checked November 3, 2026. Not official
2. Travel and Passport Rights for Transgender People, Human Rights Campaign Foundation (Reflects the law as of April 2026). Checked November 3, 2026. Not official
3. Executive Order 14168: Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, The White House (January 20, 2025). Checked November 3, 2026.
4. Sex marker in passports, U.S. Department of State (Live page). Checked November 3, 2026. Not confirmed
5. Change or correct a passport, U.S. Department of State (Live page). Checked November 3, 2026.
6. Lambda Legal Help Desk, Lambda Legal (Live page). Checked November 3, 2026.
7. Change your name on your Social Security record, U.S. Social Security Administration (Live page). Checked November 3, 2026.
8. Change Your Gender Designation, Oregon Driver and Motor Vehicle Services (Live page). Checked November 3, 2026.
9. Change your gender designation, Washington State Department of Licensing (Live page). Checked November 3, 2026.