AG Rokita leads 24-state coalition on passport sex policy

Indiana AG - Newsroom

Published December 30th, 2025

Detected April 5th, 2026

Summary

Indiana Attorney General Todd Rokita led a coalition of 24 states and the Arizona Legislature in filing an amicus brief with the U.S. Court of Appeals for the First Circuit, supporting the Trump administration's policy of recording biological sex on U.S. passports. The brief advocates reversal of a district court preliminary injunction blocking the policy in Ashton Orr v. Trump.

View original document View source feed page

What changed

Attorney General Rokita led a 24-state coalition filing an amicus brief with the U.S. Court of Appeals for the First Circuit in Ashton Orr, et al. v. Donald J. Trump, et al. (No. 24-1692). The brief argues the Constitution permits the government to define 'sex' as the objective, biological characteristic of male or female for official documents, and calls for reversal of the district court's preliminary injunction blocking the passport policy.

This amicus filing represents a legal advocacy action rather than a compliance requirement. However, it signals continued federal activity around passport gender documentation policies. Legal practitioners and government agencies should monitor the First Circuit proceedings for developments in this case, as the outcome may affect future passport issuance standards and related identity documentation practices.

Source document (simplified)

Attorney General Todd Rokita leads multistate coalition supporting President Trump's policy to record biological sex on U.S. passports

Tuesday, December 30, 2025

I'm Interested
-
-
-

I'm Interested About this Event

Add to calendar

Add to calendar Attorney General Todd Rokita leads multistate coalition supporting President Trump's policy to record biological sex on U.S. passports

Attorney General Todd Rokita this week led a coalition of 24 states and the Arizona Legislature in filing an amicus brief with the U.S. Court of Appeals for the First Circuit, supporting the Trump administration's policy of listing biological sex — rather than subjective gender identities — on U.S. passports.

The brief calls for reversal of a district court's preliminary injunction blocking the policy in Ashton Orr, et al. v. Donald J. Trump, et al., arguing that the Constitution permits the government to define "sex" as the objective, biological characteristic of male or female for official documents.

“Passports are official government property, and allowing self-defined entries would create chaos, inconsistency, and endless administrative problems while undermining accurate identification.” Attorney General Rokita said. “Government records must reflect verifiable biological reality — the same standard used for centuries — rather than ever-changing personal perceptions that could lead to unlimited options and unreliable documentation.”

The coalition contends that recording biological sex aligns with centuries of historical practice, dictionary definitions, Supreme Court precedent, and rational government interests in uniform, verifiable records. It notes that subjective gender identities can change and multiply indefinitely, making them unsuitable for official documents like passports. The brief also highlights the U.S. Supreme Court's recent stay of the injunction, signaling the policy's likely constitutionality.

Joining Indiana are the states of Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming, as well as the Arizona Legislature.

The amicus brief is available here.

A headshot of Attorney General Rokita is available for download.