Trans Rights in Washington State: Navigating a Changing Landscape in 2025

Trans Rights in Washington State: A Summary

As of 3/25/2025

NO CHANGE in legal rights:

• Driver Licenses, Birth Certificates, & Name Changes: You can still change your name and gender marker on state IDs. See the Resources section below for forms and instructions. 
• Gender-Affirming Care: Gender-affirming care is still legal for adults and youth in Washington state, though some providers may no longer provide that care. 
• Health Care Privacy: Health care providers can’t share your information without your permission. If you get gender-affirming care in Washington, health care providers can’t be forced to share your information with law enforcement from other states. 
• Anti-Discrimination Protections: Washington law protects LGBTQ+ people from discrimination by employers, places of public accommodation (places that are open to the public, like stores, restaurants, libraries, hotels, etc.), health care providers, health insurance companies, and schools. 

CHANGE to legal rights:

• Passports and Social Security: You can no longer change your gender marker to X or to reflect your gender identity. See “Passports and Social Security Info” below. However, the passport restrictions may change, as a lawsuit has been filed that challenges the order.

Making and Changing Laws, Explained

Who makes laws?

• The federal government: The federal government can only pass laws related to certain topics and to issues that affect interstate commerce.
• State government: For everything else, states set their own laws and regulations. For example, family law, most criminal law, and many health care laws are left to the states. 
• Both state and federal government: Many important rights are protected by both state and federal laws. The federal law sets a level of basic rights, or “minimum standards.” States can add to those rights to set a higher standard. This creates two separate sources of legal protection.

What if there’s both a state and federal law about the same thing?

When a topic is covered by both state and federal law, often both laws apply.

For example, both state and federal laws ban employment discrimination based on gender identity. People must comply with (obey) both. If the federal government repeals (takes away) the federal law, people in Washington would still be protected by the state law against employment discrimination.

When a state law and a federal law directly conflict, the federal law must be followed. For example, the federal Voting Rights Act overrides state laws that limit voting rights.

Who can change or affect a federal law?

• Action by Congress: Only Congress can make changes to federal law. 
• Executive Orders: Executive orders can only affect how a law is interpreted and implemented. Executive orders can direct agencies to update their procedures, change their priorities, and change rules and regulations. Executive orders cannot order actions that violate existing laws or the U.S. Constitution. In the first days and weeks of the Trump Administration, President Trump issued multiple anti-trans executive orders. You can learn more about the executive orders affecting LGBTQ+ communities through two resources from the Human Rights Campaign:
  • Understanding Executive Orders and What They Mean for the LGBTQ+ Community
  • Background On Trump Day One Executive Orders Impacting The LGBTQ+ Community.
• Federal Agency Rulemaking: Federal agencies interpret and implement federal laws. Rules and regulations cannot be changed overnight, and they cannot be changed without justification (an explanation and reason). Formal rules can only be changed if agencies must use a formal rulemaking process to change them. That said, some agency actions can happen more quickly. For example, an agency can change what issues it prioritizes or can change some of its procedures without formal rulemaking. If an agency interprets a law incorrectly, or does not follow proper procedures, then organizations and individuals can sue to stop the agency’s interpretation. 
• The Courts: Sometimes, courts change how they interpret a law, which can also change how the law is applied. Courts can also declare that a law is unconstitutional or in conflict with another law.  

Who can change or affect state laws in Washington?

• The State Legislature can create and change state law.
• Ballot initiatives to the voters can also change state law.
• The governor can make executive orders, but they are limited in scope.
• State agencies play a role in interpreting and making rules to implement state law.
• State courts also play a role in interpreting how laws are applied to different facts and situations. Courts can also declare that a law is unconstitutional or in conflict with another law.

ID Documents

Passports & Social Security Info

Who is in charge of passports and social security cards?

Passports and social security cards are controlled by the federal government. People may work with local agencies to submit their passport application, but the federal government processes all passports.

Is there an executive order affecting passports?

Yes. Federal agencies have started to implement the anti-transgender executive order signed on January 20, 2025, which declares a policy of recognizing only two sexes (“Gender Executive Order”). A lawsuit (Orr v. Trump) has been filed challenging the Gender Executive Order as it applies to passports. The case had a hearing on March 25th, and it is possible that the judge will put the new passport rules on hold in the future.

Can I apply for a passport using an X gender marker?

No. The U.S. State Department is no longer allowing people to apply for passports using an X marker and is no longer allowing people to change their gender marker to reflect their gender identity. Passport offices will only issue passports that match a person’s sex assigned at birth, which the passport office will try to determine based on your supporting documents and any previous passports. There have been reports that when people try to renew a passport, the passport office may change their gender marker to their sex assigned at birth.

I already have a passport with an X marker. Is it still valid?

Yes. If you already have a passport with an X marker or a marker that was changed to reflect your gender identity, it is valid until its expiration date. 

Can I still change my gender marker with Social Security?

No. The Social Security Administration (SSA) is no longer allowing people to change their gender marker in the social security system.

Can I still change my name with Social Security?

Yes. People can still make name changes through the online system and are not required to state why they are changing their name.

Note that when you apply for a driver license in Washington, your name must match with the SSA information, but your gender marker does not need to match. We are not aware of any lawsuits challenging the SSA’s action at this time. Learn more about gender and SSA. 

Name Changes, Birth Certificates, & Driver Licenses

Driver licenses, identification cards, and birth certificates are controlled by states. States set their own rules and procedures, issue the documents, maintain records, and control who can access the records.  

Can I still change my legal name?

Yes. Washington residents can change their name by court order for any reason. Under Washington law, if you are getting a name change related to gender identity and you want it to be confidential (sealed), you can file a petition in Superior Court and the judge must agree to seal your court file. You do not need a lawyer to do this. See Washington Law Help’s forms and instructions for filing for a name change.

Can I change my name and gender marker on my birth certificate?

Yes. Washington law allows for name changes and gender marker changes on birth certificates. By law, the state’s Department of Health must provide a nonbinary gender marker option. There is no indication at this time that Washington lawmakers will change the rules about amending names and gender markers on birth certificates. See Washington Law Help’s instructions for changing your birth certificate.

Can I change my name and gender marker on my ID?

Yes. Washington regulations allow people to change their sex designation on their state ID (driver license or identification card). There is no indication at this time that Washington lawmakers or the state’s Department of Licensing will change the rules about amending name and gender markers on state IDs, including Enhanced Driver Licenses. See Washington Law Help’s instructions for changing your gender marker on your Washington driver license or state ID.   

Note about the federal REAL ID Act

The state controls state IDs, but the federal government can influence requirements for state IDs, like the REAL ID Act.

The REAL ID Act is a federal law regulating ID documents used to access places controlled by the federal government, including airport security checkpoints and some federal facilities. Beginning May 7, 2025, people traveling through airports must have an ID that fits these standards. See the TSA’s guide on acceptable identification at TSA checkpoints.

You can use your state ID to get through or in these places only if the state ID meets “REAL ID” security standards. Washington state offers IDs that meet these federal REAL ID standards (“Enhanced IDs”) as well as IDs that do not (“standard IDs”). See this guide on Washington state IDs and the REAL ID Act. 

The current federal rules for REAL ID allow the state to determine gender markers and allow for name changes if someone has a court-ordered name change or other formal documentation.

The REAL ID standards cannot be changed without formal notice and rulemaking process. Even if the REAL ID standards change, any attempted changes would likely be challenged in court. 

Additional Resources Regarding Legal Gender and Identity Documents 

• What is my legal gender?, by the Northwest Justice Project
• Identity Documents for Trans, Nonbinary, Gender-Nonconforming, and Intersex People, by Lambda Legal

Health Care Access 

Access to Gender-Affirming Care and Insurance

Can I be denied health care or treatment because I am trans?

No. The Washington Law Against Discrimination (WLAD) prohibits discrimination on the basis of gender expression or gender identity in hospitals and healthcare facilities. This means that hospitals and providers in Washington state cannot deny care or provide a different standard of treatment to someone because of their gender identity or expression.

Can my health insurance discriminate against me for seeking gender-affirming care?

No. Washington law also prohibits discrimination by health insurance companies, which means health insurers cannot exclude gender-affirming care from their covered services. These protections are written into state law, under WLAD and the Gender Affirming Treatment Act. See Washington Law Help’s guide on Washington state’s Gender Affirming Treatment Act.

Important: This insurance coverage protection applies to private health insurance plans and to Apple Health only. Gender-affirming care coverage is NOT protected in “self-funded” plans (like a health insurance plan that a large company operates for its employees).

How will federal executive orders affect insurance coverage?

The federal law against sex discrimination in health care could be affected by the Trump administration’s executive order. However, Washington state law still protects people in Washington from discrimination by health care providers and insurance companies. 

Federal law (the Affordable Care Act) prohibits sex discrimination in health care. The Biden administration issued rules clarifying that discrimination based on sexual orientation and gender identity is a form of sex discrimination. However, the Biden rules were put on hold by a court. In the meantime, federal agencies have started to implement the anti-transgender Gender Executive Order signed on January 20, 2025, that declares a policy of recognizing only two sexes.

Gender-Affirming Care for Minors

I am under 18. Can I get gender-affirming care in Washington?

Yes. Gender-affirming care for minors is legal in Washington. Washington laws that prohibit discrimination in health care and health insurance apply to youth as well as adults.  

Is there an executive order affecting gender-affirming care for minors?

Yes, there is an executive order that affects access to gender-affirming care for minors. It does not directly prohibit gender-affirming care for minors, but it could make it more difficult for minors to access care. An executive order dated January 28, 2025, directs the Secretary of Health and Human Services (HHS), which oversees Medicare, Medicaid, and other programs, to take actions to stop gender-affirming care for minors.

HHS does not have authority to prohibit gender-affirming care nationwide. Instead, HHS and other agencies may try to limit funding for gender-affirming care or withdraw funding from entities that provide gender-affirming care to minors.

Two lawsuits have been filed challenging the executive order’s instructions to cut off education and research funding to hospitals that provide gender-affirming care to minors. One case is from Washington state (State of WA, et al. v. Trump, et al.). As of March 13, judges in both cases have paused parts of the order.

Gender-Affirming Care and Health Care Privacy

Are my medical records private?

Washington state law protects the privacy of health information. Healthcare providers are prohibited from sharing your health information without your permission.

Federal law (HIPAA) also protects the privacy of health information. Under HIPAA, providers and entities that use electronic services for billing and other purposes—which includes most health care providers—must keep health information private. There are limited exceptions, including one allowing your providers to share information about your health and treatment with each other. 

Can law enforcement from another state access my gender-affirming care records in Washington?

State law prohibits healthcare providers, businesses, and agencies from sharing information if that information is being used by another state’s law enforcement to investigate someone for receiving gender-affirming care that is lawful in Washington.

What about health data collected by private business?

A new Washington law, the My Health My Data Act, gives consumers the right to review and ask businesses to delete any health data that the business has collected about the consumer.

Anti-Discrimination in Employment, Housing, & Places of Public Accommodation

Is there a state law against discrimination in Washington?

Yes, Washington has strong anti-discrimination laws that protect people against discrimination on the basis of gender expression or identity. The law is called the Washington Law Against Discrimination (WLAD).

WLAD applies to many areas of public life, including stores, restaurants, public transportation, entertainment venues, hotels, healthcare providers, libraries, schools, banking, credit, insurance, and housing. WLAD applies to most businesses, landlords, and employers doing business in Washington state. Even if federal protections go away, these state protections will remain.

There are some limitations to WLAD’s protections against discrimination. For example, employment discrimination laws only apply to businesses with eight or more employees and do not apply to nonprofit religious organizations.

Is there an executive order affecting federal anti-discrimination laws?

Yes, the Trump administration’s Gender Executive Order is meant to weaken federal anti-discrimination laws by changing how agencies interpret them. However, it is important to note that the executive order does not affect Washington State anti-discrimination laws.

These federal changes go against U.S. Supreme Court precedent and are discriminatory, so will likely be challenged in court. The U.S. Supreme Court said that discrimination based on gender identity and sexual orientation is “discrimination on the basis of sex” in an employment case (Title VII of the Civil Rights Act).

Federal agencies have similarly interpreted other anti-discrimination laws, like the Fair Housing Act, to prohibit discrimination based on gender identity and sexual orientation. But the Gender Executive Order contradicts this by directing agencies to exclude gender identity and expression from anti-discrimination protections.

Again, these changes go against U.S. Supreme Court precedent and are discriminatory, so will likely be challenged in court. However, we cannot predict what the court would decide.

Precedent is a court decision on a legal issue that guides future courts deciding similar legal issues.

Anti-Discrimination in Schools

Can I be discriminated against at school for being trans?

No. Washington law prohibits discrimination in schools on the basis of sexual orientation, gender expression or identity, and sex. Public schools must also adopt a transgender student policy and procedures and take steps to prevent and address harassment, intimidation, and bullying of transgender students. The Washington Office of the Superintendent of Public Instruction sets out requirements for schools and reviews complaints related to LGBTQ+ student rights. Even if federal protections go away, these state protections will remain.

Is there a federal law against discrimination at schools?

Yes. The law that prohibits discrimination on the basis of sex in education programs that receive federal funding is called Title IX (title nine). These protections cover all public K-12 schools and nearly all colleges and universities. In the past, some courts and the federal Department of Education interpreted Title IX to include protections against sexual orientation and gender identity discrimination. However, rules formalizing this interpretation were put on hold by courts.

Is an executive order affecting Title IX?

Yes, there are two. One about sex discrimination and another about sports.

The Trump administration’s Gender Executive Order directs the exclusion of gender identity and expression from anti-discrimination protections. Even if the federal protections go away, state protections will remain.

An Anti-Trans Sports Executive Order also ordered the Department of Education to create rules and take actions (like filing lawsuits) to stop schools from allowing trans women to participate in women’s sports. Advocates have filed a lawsuit against the Anti-Trans Sports Executive Order to try to stop it.

Resources

National Resources

• Identity Documents for Trans, Nonbinary, Gender-Nonconforming, and Intersex People, by Lambda Legal
• Understanding Executive Orders and What They Mean for the LGBTQ+ Community, by Human Rights Campaign
• Background On Trump Day One Executive Orders Impacting The LGBTQ+ Community, by Human Rights Campaign
• Know Your Rights: Social Security, by A4ET 

Washington State Resources

• Information about name changes in Washington state
• Information about changing gender and sex markers on ID documents
• Information about Washington state’s Gender Affirming Treatment Act
• Information about Equity and Civil Rights in Washington schools

Related Publications from Legal Voice

• How to Find a Lawyer and Other Legal Resources in Washington State
• How to Protect Your Privacy in Court Files