Ash Lazarus Orr, a transgender man from West Virginia, has filed a federal lawsuit challenging U.S. President Donald Trump’s executive order that recognizes male and female as the only two sexes on government documents. 

This order has prevented Orr from getting a passport that matches his gender identity. 

In early January, Orr was flying from West Virginia to New York City. At the TSA security checkpoint, he was accused of presenting fake documents as he had a male designation on his driver’s license but a female one on his passport.  

Orr said he needed to explain in great detail that he was a trans man. 

“Not only was this a frightening and humiliating experience, but it was just so invasive,” Orr told As It Happens host Nil Köksal. 

He went to renew his passport four days before Trump took office to request a passport with a name change and a sex designation that reflects who he is. 

But more than two months have passed, and he is still waiting. Together with a group of transgender, intersex and nonbinary people, Orr is suing the administration over the passport policy.

Orr says he always travels with his passport on domestic and international flights, though a passport is not required to fly domestically in the U.S. 

He spoke to Köksal about how the delay has impacted his life. Here is part of their conversation. 

Are you going to be able to live without a passport that represents who you are? 

The reality is, if I receive my passport back and the sex designation marker is incorrect, receiving that passport that misgendered me isn’t just a bureaucratic mistake. 

It’s a fundamental rejection of my identity and my existence. 

International travel becomes a minefield of humiliation, of invasive scrutiny, and the risk of being denied entry at borders. 

It is very difficult to know that I am having to juggle and [weigh] my safety versus traveling not only for pleasure but also for health care.

What have you been told about why you haven’t received your passport yet? 

My application went from being in-process to not available, and that’s when I began to reach out to the passport agency. 

They were telling me we have no further guidance for you at this time.

After a few weeks, I received a phone call from a supervisor in San Francisco who was overseeing my application, and I was basically told that I needed to prove my biological sex. 

I was told you’ll be receiving something either via email or certified mail explaining what more we need from you.

About a week after that phone call, I did receive something in the mail saying that at this point in time, they are unable to continue on my application until I’m able to prove my biological sex.

Since then, I have not heard anything else, and I do not have a passport at this moment in time. 

The Justice Department says this policy “does not violate the equal protection guarantees of the constitution,” and has also said, “some plaintiffs additionally allege that having inconsistent identification documents will heighten the risk that an official will discover that they are transgender. But the department is not responsible for plaintiffs’ choice to change their sex designation for state documents but not their passport.”  

How do you respond to what they’re saying there? 

When you hear that type of language and just the framing of this overall issue — this constant scrutiny really does erode the dignity of the trans community. 

When we are having our identities questioned in public spaces, be it at work or by government agencies, [it’s] reinforcing the harmful idea that we are not who we say we are. 

This invalidation takes such a mental and emotional toll on our well-being. 

We regularly face challenges in accessing essential services. That includes health care, education, and legal documentation, because these systems are designed to question and police our identities rather than affirm them. 

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So being questioned about our identity in public settings puts us at even more risk of harassment or violence, be it at DMV offices or TSA screenings, or even when using the restroom. [It] increases risk of discrimination in employment and housing and healthcare for trans individuals.

When we are having the government and institutions casting doubt on our identities as trans people, it’s sending a broader message that legal recognition of gender identity is conditional, rather than a fundamental right. 

Ash, this case is called Orr v. Trump. How did it feel to see your name next to the U.S. president’s? 

There’s been a lot of anxiety, just general fear about my safety and my family’s safety. 

But also just a lot of pride. 

I’m very proud to be a trans West Virginian and I’m very proud to see my name standing up for not only myself but for the entire trans community across the United States. 

I’ve just been gaining a lot of strength, not only from my community, but from those who came before me. 

Knowing that we are fighting for equality for our community, that’s really just helping me to stay focused on what the end goal is here.