After Ending “X” Gender Marker, the State Department Seeks Public Input on Passport Application Changes

The U.S. Department of State has announced a 30-day public comment period regarding proposed modifications to the Application for a U.S. Passport (Form DS-11).

The Department is inviting individuals and organizations to submit feedback on the necessity, accuracy, and clarity of the proposed information collection. Comments will be accepted until March 17, 2025, and can be submitted via www.reginfo.gov under “Currently under 30-day Review—Open for Public Comments” or via email at Passport-Form-Comments@State.gov with the DS form number and title in the subject line.

Several modifications have been introduced to the DS-11 form since its last renewal. A new applicant statement affirms that the individual is not required to register as a sex offender, in compliance with the International Megan’s Law (34 U.S.C. 21501 et seq. and 22 U.S.C. 212b).

Additionally, the term “gender” has been replaced with “sex” in alignment with Executive Order 14168, which directs federal agencies to recognize biological sex at birth. The updated form will request an applicant’s biological sex as either male (M) or female (F), conforming to International Civil Aviation Organization (ICAO) standards. Plain language and formatting adjustments have also been made to enhance clarity and readability.

The State Department has already halted applications for an “X” gender marker on passports. The Biden administration had introduced an option to select “X” instead of male or female on passport applications in 2022.

The DS-11 form is essential for U.S. citizens and non-citizen nationals applying for a passport. Applicants can download the form online or obtain a physical copy from a passport acceptance facility, passport agency, or U.S. embassy/consulate. The form must be executed in person, accompanied by proof of citizenship and identity.

According to the Department, an estimated 12,669,500 respondents submit the DS-11 form annually, with an average processing time of 85 minutes per response, resulting in a total estimated burden of 17,948,460 hours.

The Department of State emphasizes that public feedback is crucial in refining the passport application process. Comments should focus on minimizing respondent burden, improving clarity, and ensuring the accuracy of time and cost estimates. As a reminder, all comments submitted will be part of the public record. Individuals should exercise caution before including personal information in their responses.

This week, the Department of State also issued guidance regarding sex markers on passports. In accordance with Executive Order “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” the Department will no longer issue U.S. passports or Consular Reports of Birth Abroad (CRBAs) with an “X” marker.

Passports will only be issued with an “M” or “F” sex marker that matches the customer’s biological sex at birth. While passports with an “X” marker or a sex marker different from the individual’s sex at birth remain valid until their expiration date, applicants requesting an “X” marker or a sex marker different from their birth sex may experience processing delays and may be asked to provide additional information.