Following an executive order setting a government-wide policy repudiating the very existence of
transgender people by proclaiming that possessing a gender identity that is incongruent with a
person’s sex assigned at birth is a “false claim,” the State Department implemented a policy of denying transgender people, including nonbinary people, accurate passports with sex markers that
are congruent with their gender identity. Plaintiffs challenge that policy, asserting that the policies stemming from this executive order are unconstitutional, facially and as applied to Plaintiffs, and that the policy violates the Administrative Procedure Act.