Understanding the Impact of the 2025 Executive Order on Name and Gender Marker Changes for Trans Individuals

Navigating legal processes as a transgender individual can already be a challenge, and recent changes under the 2025 Executive Order, “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” may feel overwhelming. Let’s break down what this order means for trans individuals and what steps you can take to protect your identity and documentation.

Can I Still Change My Name?

The short answer is yes! This executive order does not impact your ability to legally change your name. Here’s what you need to know:

• Name Changes Are State Governed: The process of legally changing your name happens at the state level, and this order doesn’t interfere with state laws on name changes.

• Updating Your Documents: Once your name change is approved by a court, you can update your state-issued documents, such as your driver’s license and birth certificate (depending on your state’s policies).

• Federal Recognition: Federal agencies like the Social Security Administration and the State Department should still allow name updates on federal IDs like your passport, as long as you have a certified court order.

What About My Gender Marker?

The executive order creates significant hurdles for updating or maintaining gender markers on federal documents. It defines sex strictly as "biological" and immutable, which means:

• Future Gender Marker Changes: If you haven’t already updated your gender marker on federal documents, this order may prevent you from doing so moving forward.

• Previously Updated Documents: If you changed your gender marker before this order, its validity might depend on how individual agencies implement these new policies. Federal agencies could potentially require reversion to what they define as "biological sex."

• State-Level Changes: State-issued documents, like driver's licenses and birth certificates, are not directly affected by this order. However, mismatches between state and federal documents may create complications.

What Federal Documents Might Be Affected?

Here’s how specific documents may be impacted:

• Passports: Existing passports with updated gender markers remain valid until expiration. However, renewals may revert your gender marker to what’s defined as "biological sex."

• Social Security Records: Changes to your gender marker in Social Security records might remain for now, but agencies may eventually require alignment with the order's definitions.

• Global Entry/TSA PreCheck: These programs may also revert your gender marker upon renewal or update requests.

How to Protect Yourself

If you’re in the process of updating your name or gender marker—or have already done so—here are practical steps to safeguard your identity:

1. Complete Name Changes Quickly: If you haven’t legally changed your name yet, start the process as soon as possible. Name changes are governed by state law and remain unaffected by this order.

2. Retain Copies of Legal Documents: Keep certified copies of your court-ordered name and gender marker changes. These documents may be crucial if federal agencies challenge your updates in the future.

3. Update Federal Documents: If your gender marker is already updated at the state level, consider updating your passport and Social Security records now, before agencies fully implement this order.

4. Monitor Changes to Federal Policies: Agencies like the Social Security Administration and State Department may issue specific guidance on how this order will affect existing records. Stay informed to anticipate any potential retroactive enforcement.

5. Seek Legal Support: Organizations like Lambda Legal and the National Center for Transgender Equality can provide updates and legal assistance if your rights are challenged.

6. Advocate and Build Community: Engage with advocacy groups working to challenge the order or protect trans rights. Building a support network can make navigating these changes less isolating.

What to Do If Retroactive Changes Are Enforced

If federal agencies attempt to revert your gender marker to align with their biological definitions:

• Contact Legal Advocacy Groups: Reach out to organizations like Lambda Legal for advice and support.

• File Appeals: Federal agencies typically allow for appeals or administrative reviews. Leverage your documentation to push back on unjust changes.

• Stay Organized: Keep all legal and personal records in one place for easy access during appeals or audits.

You Are Not Alone

While this executive order presents new challenges, know that there are legal pathways, advocacy groups, and supportive communities here to help you. Protecting your identity is your right, and staying informed and proactive can make all the difference.

If you have questions or need help navigating this process, reach out to trusted legal resources or connect with local trans advocacy groups. Together, we can face these challenges and continue moving forward.

For further updates and resources, consider visiting advocacy websites like the ACLU or the Transgender Legal Defense & Education Fund.