Background on Gender-Neutral Passports
Canada is one of the countries that allows its citizens who do not identify as male or female to indicate their gender with an “X” on passports, rather than “F” (female) or “M” (male).
Canada’s Travel Advisory Update
This week, Canada updated its travel advisory to the United States, warning travelers with a “X” gender identifier on their passports that they might not be allowed entry into the country.
“While the Canadian government issues passports with a ‘X’ gender identifier, it cannot guarantee entry or transit through other countries,” states the new advisory.
According to the advisory, travelers may still be asked to provide information about their sex or gender, whether male or female.
U.S. Stance on Gender-Neutral Passports
The U.S. Customs and Border Protection (CBP) stated in an email response that a traveler’s gender indicated on their passport and personal beliefs about sexuality do not make them inadmissible to the United States.
The U.S. has also issued passports with an “X” under a policy initiated by President Joe Biden’s administration. Former President Donald Trump issued a decree in January recognizing only two biological sexes, even on government-issued identity documents.
A federal court order prohibits the U.S. Department of State from enforcing Trump’s ban on issuing passports reflecting the gender identities of transgender and non-binary U.S. citizens. The Trump administration has appealed to the Supreme Court.
Previous Warnings and Current Situation
Reuters reported in July that Canada had drafted a similar warning but did not publish it at the time. Global Affairs Canada did not immediately respond to questions about why the warning was issued now.
In July, Global Affairs Canada was not aware of any Canadian being denied entry to the U.S. due to a “X” gender identifier on their passport, according to a spokesperson.
Key Questions and Answers
- What is the issue? Canada has updated its travel advisory to warn citizens with “X” gender passports that they might face difficulties entering the United States.
- Why is this happening? The U.S. may still request information about a traveler’s sex or gender, which could cause problems for those with “X” passports.
- What is the U.S. stance on gender-neutral passports? The U.S. Customs and Border Protection states that a traveler’s gender on their passport and personal beliefs about sexuality do not make them inadmissible.
- What legal challenges exist? A federal court order currently prevents the U.S. Department of State from enforcing Trump’s ban on gender-neutral passports, but the case is being appealed to the Supreme Court.
- Has there been any reported incidents in Canada? As of July, Global Affairs Canada was not aware of any Canadian being denied entry to the U.S. due to a “X” gender passport.
