Gender-neutral IDs remain valid in Mass., despite federal ban

State-issued identification cards that let transgender, queer and nonbinary residents choose “X” instead of male or female remain valid in Massachusetts, for now. An executive order President Trump signed on his first day in office created confusion because it removes gender-neutral options from federal identification documents such as passports and visas.

“It will henceforth be the official policy of the United States government that there are only two genders, male and female,” the president said during his second inaugural address, hours before posting the declaration.

But that’s not the official policy in Washington, D.C. or in 22 states that let residents identify as “X” on a driver’s license. Massachusetts is among the states that allow “X” on birth certificates and marriage licenses as well.

“When it comes to state identifications, states have the authority to set whatever parameters they want,” said Jessie Rossman, legal director at the ACLU of Massachusetts. ”

But states may have to comply with Trump’s directive when it comes to REAL IDs, a newer, state-issued form of identification that must meet federal security standards. It’s unclear whether the standards may change as a result of the move.

“We’ll be watching to see what happens with REAL IDs,” Rossman said.

REAL IDs, or a form of federal identification such as passport, will be required for domestic airline travel as of May 7. Transgender advocates said forcing people to carry identity cards that don’t match the way they look will increase their risk for invasions of privacy, harassment and violence.

“You can’t just legislate people away because you don’t want to believe or accept their real identities,” said Sam Jean, outreach and communications manager for OUT MetroWest, an organization that supports LGBTQ+ youth and young adults.

But other Massachusetts organizations said they support of Trump’s directive.

“Taking steps like requiring IDs to reflect sex rather than gender identity has many practical benefits,” said Sam Whiting, general counsel for Massachusetts Family Institute, a conservative advocacy group. “Perhaps more importantly, it also reaffirms basic biological truth - which is good for everyone.”

The state Department of Transportation has not said how or when it might change the REAL ID registration form. As of Jan. 21, the department said more than 10,600 active driver's license holders had selected gender "X."

Trump’s order imposes other changes. It ends the use of federal funds to “promote gender ideology.” And it bans transgender adults from single-sex facilities that don’t match their sex at birth, like prisons, shelters and domestic violence programs.

Trump administration officials have said more actions are coming to limit access to sports teams, transgender health care and military service. In Massachusetts, transgender advocates are considering legal actions, in response.

“It was obvious throughout the campaign and now on the first day that this is an administration that’s hostile to the transgender community,” said Jennifer Levi, senior director of transgender and queer rights at GLAD Law. “That community isn’t going away, but people’s lives will be made much more difficult.”