H.R.1139 - Passport Sanity Act (119th Congress)
Summary
H.R.1139, the Passport Sanity Act, seeks to prohibit the Secretary of State from issuing passports, passport cards, or Consular Reports of Birth Abroad with an unspecified (X) gender designation. The bill mandates that applications for these documents include only male and female gender designations. It was introduced in the House of Representatives on February 7, 2025, and referred to the Committee on Foreign Affairs.
Expected Effects
The primary effect of this bill, if enacted, would be to limit the gender options available on U.S. passports and related documents to male and female. This would reverse the current policy allowing an 'X' designation for individuals who do not identify as either male or female. The bill would likely face legal challenges based on equal protection and individual liberty arguments.
Potential Benefits
- Simplification of passport application processes by reducing gender options.
- Potential cost savings by standardizing passport production.
- Alignment with traditional gender norms for some segments of the population.
- May prevent potential misuse or fraud associated with unspecified gender designations.
- Could reinforce a binary view of gender within government documentation.
Most Benefited Areas:
Potential Disadvantages
- Discrimination against individuals who do not identify as male or female.
- Legal challenges based on equal protection and individual liberty.
- Negative impact on transgender and non-binary individuals' sense of identity and inclusion.
- Potential for increased administrative burden for individuals needing to update their documents.
- Damage to the U.S.'s reputation as a progressive and inclusive nation.
Constitutional Alignment
The bill's constitutional alignment is questionable, particularly concerning the Equal Protection Clause of the Fourteenth Amendment, which prohibits discrimination based on gender identity. Arguments could be made that the bill infringes upon individual liberties protected by the Fifth and Fourteenth Amendments. However, proponents might argue that the government has a legitimate interest in maintaining clear and consistent identification standards.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).