PolicyBrief
S. 2959
119th CongressOct 1st 2025
Passport Sanity Act
IN COMMITTEE

This bill prohibits the Department of State from offering or issuing a non-binary "X" gender marker on U.S. passports, passport cards, and Consular Reports of Birth Abroad.

Roger Marshall
R

Roger Marshall

Senator

KS

LEGISLATION

Passport Sanity Act Mandates Binary Gender Markers: 'X' Option Removed from US Travel Documents

The newly introduced “Passport Sanity Act” isn’t about making the passport application process faster, but about strictly limiting the gender designation options available on official U.S. travel documents. This bill, specifically in SEC. 2, mandates that the Secretary of State must ensure that applications for passports, passport cards, and Consular Reports of Birth Abroad only permit applicants to select either “male” or “female” as their gender designation.

The Fine Print: What Changes Now?

The core of this legislation is the explicit prohibition against issuing any covered document that shows the unspecified “X” gender designation. If you’ve been following policy changes, you know the Department of State had previously implemented the 'X' marker option to recognize non-binary, intersex, and gender non-conforming individuals. This bill effectively reverses that policy, locking the official documentation back into a binary system.

For the Department of State, this means rolling back recent administrative changes and ceasing the practice of offering the 'X' marker. For travelers, especially those who obtained or were planning to obtain the 'X' marker, this is a significant limitation on how their identity is officially recognized when they cross borders. Imagine having to use a document that doesn't accurately reflect your identity every time you fly for work or take a family vacation—it’s a constant, low-grade friction point.

Real-World Impact: Identity vs. Documentation

This isn't just about a letter on a document; it affects how people navigate the world. For non-binary, genderqueer, and intersex individuals who rely on the 'X' marker for accurate identification, this bill removes the ability to have their true identity reflected on their most important travel documents. This can create complications at international borders where identity verification is paramount, potentially leading to increased scrutiny or delays. If your government-issued ID doesn't match your lived identity, it can turn routine travel into a stressful, high-stakes event.

While the bill simplifies the system for administrative processing by limiting options to two, the cost of that simplicity is borne by individuals whose identities fall outside of the 'male' or 'female' categories. This restriction on identity recognition could force individuals to travel with documents that misrepresent them, creating challenges in both personal and professional spheres. The bill is clear and specific in its mandate, leaving little room for interpretation: 'X' is out, and only 'male' or 'female' remain.