President Trump’s January 20, 2025, Executive Order concerning gender identification has recently gone back into effect. It requires that, regardless of one’s gender identity, regardless of state court orders, or state-issued identification documents, changes in birth certificates, etc., federal government-issued identification documents are only to reflect gender categorization that existed at birth. As a result, the Social Security Administration and the U.S. Passport Office have been directed by the President to no longer honor or process changes in gender, regardless of gender change documents issued at the state level, or even previous U.S. passports issued years ago.

There is a class action lawsuit challenging this order, but while the suit is pending, this executive order is in effect. This has made international travel fraught and risky for those in the Trans community. Anecdotally, I have been told of a passenger being denied the ability to board a flight because their ticket and passport information did not match. And I have heard stories of people applying for renewal of U.S. passports who had their genders changed years ago, but received their new passport in their birth gender.

State laws and actions can be a ray of hope for the Trans community. Maryland and Washington, DC, for example, are clear in their commitment to respecting gender identity, providing gender affirming care and facilitating changes of gender on driver’s licenses. See Maryland Attorney General Guidance Memorandum published February 2025; Maryland Rule 15-902; DC Mayor’s Office of Lesbian, Gay, Bisexual, Transgender and Questioning Affairs website; and DC Code § 16-2503.

Many same-sex parents of minor children are also understandably worried about whether their rights as parents, or the validity of their marriages, will be challenged next. While Kim Davis’s challenge to Obergefell v. Hodges, 576 U.S. 644 (2015), the Supreme Court case legalizing same sex marriage, failed, it seems clear that there will be more challenges coming.

To parents, I urge you not to rely solely on birth certificates, medical forms or school forms, that list you as a parent. If you are a parent who does not share DNA with your child, consider a co-parent adoption, also known as a confirmatory adoption or second parent adoption. The Full Faith and Credit clause of the Constitution states that “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.”  U.S. Const. Art. IV, § 1. The requirement that each state respect the judgments of other states has been affirmed by Congress and the Supreme Court. 28 U.S.C. § 1738; Mills v. Duryee, 7 Cranch 481 (1813); Durfee v. Duke, 84 S. Ct. 242 (1963). This means that each state must respect the orders and judgments of the courts of other states. Accordingly, the most safeguarding document to protect your parental rights is a Court Order, or Judgment of Adoption, declaring you the legal parent of your child.

In addition, although state intestate laws provide for inheritance by spouses and children, it is wise to prepare estate planning documents, including wills and trusts, to provide for voluntary bequests to your spouse and children to ensure they receive what you intend, even if some federal agency or state court were not to recognize you as a legal parent or spouse. Similarly, health care proxies and power of attorney documents to ensure that your spouse or child can make healthcare decisions or financial decisions as you age or in the event of illness or injury, are important to empower your family members to assist you.

For more information, contact Marjorie Just at RKW Law Group, mjust@rkwlawgroup.com.