Australia has allowed citizens to opt for a non-binary ‘X’ option on their passports since 2011, and in 2021 the USA brought in a similar option.
With President Donald Trump coming to power this week the USA is now removing the option, and experts have suggested that this may cause delays and trouble for Australian who head to the USA if they’ve chosen the option on their passport.
It’s not known how many people have selected the option when applying for a passport, and the Australian Bureau of Statistics does not have reliable numbers of how many people identify as being non-binary or gender diverse.
Wayne Moran, an associate professor of law at Australia National University, told The Guardian that the executive order could lead to visa delays for gender diverse people applying for long-term stays in the US and force them to use their gender designation at birth.
It may also require Australian citizens to use their sex assigned at birth on official documents when travelling in the USA, something that may have a negative mental health effect on many people.
Anna Brown from Equality Australia said it would be a distressing experience for many people.
“Having to explain our sex at birth is of little consequence to most Australians but for trans and gender-diverse people it can be a betrayal of who they are, particularly given how hard they have worked, often against great odds, to get there,” she said. “We are witnessing an unprecedented dismantling of their rights and freedoms.”
Calls for Foreign Minister Penny Wong to seek clarity on the matter
Just.Equal Australia wants Foreign Minister, Penny Wong, to clarify whether transgender Australians could be blocked from entering the United States under their legally-recognised name and gender identity, and lodge a protest if it is the case.
The move comes after Senator Wong told ABC radio that the Trump Government’s policy not to recognise the gender identity of trans and gender diverse people “is a matter for the United States”.
Just.Equal spokesperson, Sally Goldner, said the minister needed to do more.
“The information we have gleaned from the U.S. is that trans and gender diverse Australians may not be able to enter the United States unless they deny who they are, even if they have Australian birth certificates and passports issued in accordance with Australian law that accurately reflect their gender identity.”
“This could create problems for trans and gender diverse Australians travelling for leisure, family or business, and potentially for transgender diplomatic staff in Penny Wong’s own department.” Goldner said.
“We will write to Penny Wong asking her to clarify the situation and urging her to lodge an official protest with the US Government if trans and gender diverse Australians could face discrimination.”
“Freedom of movement is a basic human right that should not be denied to trans and gender diverse Australians because of who we are.”
