Non-Binary Rights in 2025: Progress, Backlash, and the Road Ahead
2025 has been a tumultuous year for non-binary and transgender rights. We have seen a mix of inspiring progress and alarming setbacks. For non-binary people around the world, the personal is always political.
This year has shown that progress is not linear: even as new victories are won, there has been fierce backlash trying to drag us backwards. Yet amid the ugliness, there are reasons for hope.
In this post, we’ll explore the good, the bad, and the ugly of non-binary rights in 2025, from policy reversals in the United States to advances in legal recognition worldwide, and why, despite it all, we must continue fighting for a more inclusive world.
Backlash in the United States: One Step Forward, Two Steps Back
In the United States, 2025 opened with a dramatic political shift that put non-binary and trans rights directly in the crosshairs. On January 20, 2025, Inauguration Day, the new presidential administration moved swiftly to erase federal recognition of transgender and non-binary people.
Donald Trump signed an executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” that declared “there are only two genders, male and female,” as a matter of U.S. government policy. This order frames inclusive gender policies as so-called “gender ideology extremism,” effectively branding the existence of non-binary identities as an unacceptable fringe idea. Its directives require all federal agencies to recognise only an immutable male-female sex binary, defined pseudoscientifically by reproductive roles (“small reproductive cell” vs “large reproductive cell”) at conception. In other words, the U.S. government is ordered to treat everyone as strictly male or female at birth, a notion that medical professionals and experts have called “biologically incorrect,” since human sex and gender diversity are far more complex than that simplistic definition.
As one medical professor noted, “Just because you deny the existence of [other genders] doesn’t mean they don’t exist.”
The consequences of this federal reversal are sweeping. Under the executive order, agencies must purge the word “gender” in favour of “sex” and revert all records to the birth-assigned sex marker. This means that passports, Social Security records, and other federal IDs will no longer allow “X” or non-binary markers, undoing policies that were only recently put in place. In fact, from 2022 until early 2025, U.S. passports offered an “X” gender marker for non-binary and agender individuals as part of an inclusion push. All that progress was abruptly halted. The State Department was instructed to freeze processing of “X” passport applications and revert to a male-or-female-only policy.
Likewise, federal prisons, homeless shelters, and domestic violence shelters have been ordered to segregate people by birth-assigned sex rather than their lived gender, putting trans and non-binary people at risk in facilities that do not match their identity. Funding for any programs deemed to “promote gender ideology”, which could include healthcare services like gender-affirming care, is to be cut off as well. Essentially, the federal government is attempting to write non-binary and trans people out of existence in its paperwork and services.
Such moves echo a broader trend of anti-trans legislation sweeping across many U.S. states. Since 2020, every year has brought a record number of state bills aimed at rolling back transgender rights, and 2025 is no exception. Over 500 anti-LGBTQ+ bills were introduced in state legislatures in 2025 (the most in history), most targeting trans and non-binary people. While many of these bills fail due to public opposition and advocacy, an increasing number are being passed into law.
This year alone, dozens of new state laws have been enacted that:
Ban trans youth from using bathrooms or playing sports according to their gender (with 19 states now barring trans people from certain public bathrooms).
Forbid updating gender markers on state driver’s licenses or birth certificates (essentially refusing to recognise transitions legally).
Narrowly redefines “sex” in state law based on anatomy or chromosomes at birth, explicitly excluding trans/non-binary identities from legal protection. Fifteen states now have laws strictly defining sex as unchangeable and binary; none had such laws before 2023. These so-called “definitions” mirror the federal order’s language, defining men as people who produce sperm and women as those who produce eggs, a definition experts slam as unscientific and harmful.
Crucially, these state-level measures and the federal executive order go hand-in-hand, driven by a coordinated narrative that paints trans and non-binary existence as a threat. Proponents claim they are protecting women’s safety or children’s innocence, but advocates point out that enforcing an artificial gender binary only endangers those who don’t fit neatly in it.
The Trump administration’s order employs pseudoscience (like asserting everyone’s sex is fixed “at conception”) and stigmatising rhetoric to justify discrimination. By labelling anything affirming gender diversity as “ideology,” these policies ignore the very real lives of non-binary and transgender Americans.
The impact is real: losing accurate IDs can expose non-binary people to harassment or denial of services, being forced into the wrong shelter or prison can lead to violence and trauma, and cutting off healthcare funding puts lives at risk. Activists have described these actions as an attempt to erase trans and non-binary people from public life, a sentiment tragically echoed by similar moves abroad, from Russia’s ban on gender changes (outlawing any transition and even voiding trans people’s marriages) to Uganda’s draconian anti-LGBTQ law in 2023. The backlash is genuinely global.
It’s not all unchecked, however. Civil rights groups in the U.S. are fighting back with lawsuits and public outcry. Already, parts of the federal executive order have been halted by courts as judges issued temporary restraining orders against some of the most punitive measures, such as denying federal funds to healthcare programs and forcing transgender inmates into opposite-sex facilities. LGBTQ+ organisations like the Human Rights Campaign and Lambda Legal are mobilising to challenge these policies, calling them unconstitutional and baseless. Even some within the government are pushing back; for example, when the State Department was told to cancel “X” passports, it became headline news and drew criticism for undermining a policy that had caused no harm.
Meanwhile, the Biden-era protections under Bostock v. Clayton County (2020), which held that gender identity is covered under sex discrimination law, still stand as legal precedent, though the new order explicitly seeks to reinterpret Title VII to exclude trans people.
In short, the U.S. is a battleground: one vision of America is trying to shove gender-diverse people back into the closet, while advocates and courts fight to keep the door open. It’s exhausting and ugly, but the resistance is strong.
Progress and Hope: Milestones in Recognition Around the World
Amidst the backlash, progress for non-binary rights continues in many parts of the world, demonstrating that no political setback can completely halt this movement. Globally, a growing number of countries and jurisdictions are affirming non-binary identities in law, and 2025 has added several notable wins to the list.
As of mid-2025, by some counts, fewer than 20 countries officially recognise a gender outside the binary on national ID documents. That number is slowly but steadily rising. While non-binary people have always existed in every culture, legal systems are only beginning to catch up to that reality.
Germany made headlines in 2024 by significantly expanding recognition of non-binary and third-gender individuals. In April 2024, the German parliament passed a new self-identification law that allows any adult to choose “diverse” as their gender marker on official documents (e.g., birth certificates and passports) without requiring medical certificates. Previously, Germany’s “diverse” option (introduced in 2018) was restricted to intersex people who obtained a doctor’s certificate; now it is open to trans and non-binary people over 18 based on self-declaration (with parental consent for minors).
This reform positions Germany among the more progressive European countries on gender recognition, alongside places like Iceland (which has allowed a non-binary “X” on documents since 2019) and Malta (which since 2018 lets citizens choose an “X” on ID). It’s a significant step in a major country, and it came after years of advocacy, illustrating how public awareness and activism (including by visible non-binary figures in German media) can yield change.
Australia has also seen progress, particularly at the state level. This year, Western Australia enacted landmark gender recognition reforms that abolished a dehumanising medical board process and, for the first time, legally recognised non-binary people on birth certificates. As of May 30, 2025, adults born in Western Australia can update their birth registration to male, female or non-binary without surgery, ending a cruel requirement that people get surgery and approval from a Gender Reassignment Board before being acknowledged.
“We have made history today by removing the cruel and outdated legal barriers… Non-binary people will also be recognised for the first time,” said the CEO of TransFolk of WA, celebrating the reform.
This victory in WA follows similar moves in other parts of Australia: several states and territories have introduced “X” gender markers on birth certificates or driver’s licenses in recent years. Federally, Australia was a pioneer; Australian passports have offered “X” as a gender option since 2011, but local laws took longer to catch up. Now, with Western Australia on board, more Australians can have identification that reflects who they truly are. Progress isn’t uniform (some states still lag), but the trend is clear.
New Zealand, where many of our readers are based, has been ahead of the curve in many ways. As early as 2012, New Zealand introduced an “X” gender marker on passports, making it one of the first countries to do so globally. That inclusive policy has been in place for over a decade with no issues, demonstrating that recognising non-binary identities is perfectly feasible. More recently, NZ implemented a modern self-identification law: since mid-2023, New Zealanders can amend the sex on their birth certificates through a simple administrative process, choosing male, female, or non-binary, without invasive requirements like medical proof. Even parents of newborns can opt to record their baby’s sex as “indeterminate” on the birth record if appropriate.
These changes resulted from years of community advocacy, positioning New Zealand among the world’s most progressive nations in terms of gender recognition. It’s worth noting that New Zealand’s leadership on this issue stretches back: the country elected one of the world’s first openly transgender MPs (Georgina Beyer) in 1999, and its society has generally trended supportive of LGBTQ+ rights. Of course, no place is perfect, trans and non-binary Kiwis still face prejudice, but NZ’s legal framework is a model that many others are now following.
Legal reforms aren’t the only signs of hope.
Nemo, a 24-year-old non-binary artist from Switzerland, celebrates after winning the Eurovision Song Contest 2024. This landmark victory by a visibly non-binary performer has energised advocates pushing for legal recognition of non-binary genders in Switzerland.
Non-binary people are increasingly visible in public life, which is shifting cultural attitudes. A shining example emerged in May 2024, when Swiss singer Nemo became the first openly non-binary person to win the Eurovision Song Contest. Eurovision is watched by nearly 200 million people worldwide, and Nemo’s victory (with their song “The Code,” about their journey of self-discovery) was a massive moment of representation. It also turned into a rallying cry: Swiss lawmakers and activists immediately pointed out the irony that “a non-binary person who officially doesn’t exist in Switzerland has won Eurovision for us all.”
Switzerland, like many countries, still does not offer a third gender option on national IDs, a change advocates are now pushing for, emboldened by Nemo’s win. The visibility of non-binary individuals in media, sports, and politics is helping to break down stereotypes. From celebrities like singer Sam Smith and actor Emma Corrin embracing non-binary identities to Canadian soccer star Quinn becoming the first openly trans/non-binary Olympic gold medalist in 2021, these public figures provide inspiration and normalisation. It sends a powerful message to non-binary youth that we exist everywhere in art, in sports and in your community, and we deserve to be seen and respected.
There have also been significant court victories for trans and non-binary rights in 2025.
Notably, in June 2025, the European Court of Human Rights (ECHR) ruled against the Czech Republic’s requirement that transgender people undergo sterilisation surgery to be legally recognised. The Court found that forcing surgery as a condition for gender ID change is a human rights violation, which is a historic win affirming bodily autonomy. This case was brought by a non-binary Czech citizen who had fought for over a decade to change their documents without invasive surgery. The ECHR’s judgment, echoing an earlier decision by Czechia’s own Constitutional Court, means that as of July 2025, the sterilisation mandate will officially be removed. This is more than a win for one country; it sets a powerful precedent in Europe that legal gender recognition must not be tied to medical interventions.
Similarly, courts in other jurisdictions have ruled in favour of trans/NB rights; for example, courts in India, Pakistan, and Nepal over the past decade have recognised third-gender identities and instructed governments to uphold their rights.
In Latin America, countries like Argentina have been trailblazers: Argentina’s 2012 Gender Identity Law allowed self-ID for trans people, and in 2021, the government introduced a third “X” gender marker on all national IDs and passports (becoming the first in the region to do so). Following Argentina’s lead, Colombia’s Constitutional Court ruled in 2022 that citizens can have a “non-binary” marker on official documents, and Mexico has seen several states and courts begin to recognise non-binary identities as well. Each of these developments might seem small or local, but together they add up to a global momentum towards acceptance.
Even in international policy, there’s recognition that non-binary rights are human rights. The United Nations High Commissioner for Human Rights has explicitly stated that legal gender recognition should include non-binary identities and be based on self-identification, with no abusive requirements, and that minors should also have access to recognition of their gender identity. Organisations like the International Civil Aviation Organisation (ICAO) have long approved “X” as a standard gender marker in passports, which is why countries from the United States to India to New Zealand have been able to issue X passports that are recognised globally. This international framework means that when one country takes a progressive step (like offering X markers), there’s an established standard that others will respect, facilitating travel and global recognition for non-binary citizens.
The Road Ahead: A Fight We Can Win
If 2025 has shown us anything, it’s that progress is not linear; it zigzags. Hard-won rights can be rolled back, and backlash can be fierce. Yet, every attack has met with resilience. Non-binary and trans communities are more mobilised and united than ever, and allies are emerging in all corners of the world. The road ahead will not be easy or straight (no pun intended), but it is one we can win with persistence and solidarity.
It’s important to remember that setbacks are often temporary, while each step forward leaves a lasting mark. A hostile administration in the U.S. might issue an order attempting to erase our existence on paper, but that doesn’t erase us, and it can be reversed through a future election or struck down by the courts. Indeed, we have seen several of the 2025 rollbacks face immediate legal challenges and public protest. Historical data indicate that public opinion, particularly among younger generations, is shifting toward greater acceptance of gender diversity. In many countries, polls show growing support for trans and non-binary rights year over year (even if there is noisy opposition). The fact that more non-binary people are living openly and sharing their stories in media is changing hearts and minds, one conversation at a time.
At the same time, we can’t be complacent. The backlash is a reaction to the progress we’ve made, meaning our visibility and gains have rattled those who fear change. Authoritarian leaders and certain political factions will continue to exploit anti-trans sentiment as a wedge issue, at least in the near term. They are well-funded and coordinated, pushing disinformation like the notion of “gender ideology” as a threatening force. We have to counter these narratives with truth and humanity: by amplifying the voices of scientists, doctors, and rights experts who affirm that trans and non-binary identities are a natural part of human diversity (and not an “ideology”), and by sharing our own lived experiences. It’s harder to hate an abstract “ideology” when you realise it’s actually about real people–your neighbour, your coworker, your child–who want to live authentically. The more people see non-binary individuals simply being ourselves, the more untenable the fear-mongering becomes.
There are also promising signs that the legal tide will ultimately favour inclusion. Courts, especially international human rights courts, are increasingly affirming the right to self-identify one’s gender without coercive barriers. In the long run, equality tends to advance, not retreat. It may come slowly and unevenly, but it does come. Consider that two decades ago, virtually no country allowed an official third gender; now nearly 20 do, and counting. Ten years ago, non-binary representation in mainstream media was almost nonexistent; now we have non-binary characters in popular shows and non-binary public figures winning international competitions. Each positive change makes it a bit easier for the next.
So, where do we go from here? We keep fighting.
We support organisations working on the front lines, those suing the governments, those helping trans and non-binary folks navigate hostile environments, and those educating the public. We speak out against injustice, whether it’s a discriminatory law or a misguided comment by a friend, because silence only helps the oppressors. We participate in our communities at Pride marches, school board meetings, and rallies to ensure our voices are heard. And we take care of each other along the way. The world may feel especially hostile right now, but we are not alone. A global community of queer, trans, and non-binary individuals and their allies is pushing forward.
Progress may not be linear, but it is happening. In 2025, we saw attempts to push us backwards, but we also witnessed historic firsts and significant forward leaps. The truth is: we exist, we have always existed, and we aren’t going anywhere. No executive order can change that fact. Every time a new country adds a third gender option, or a court recognises our rights, or a young person comes out as non-binary and is embraced by those around them, it’s a reminder that the arc of history, however jagged, bends towards justice. The world may be messed up in many ways, but there is also so much worth fighting for and so many fighters in our corner.
Non-binary rights in 2025 have faced the good, the bad, and the ugly. Through it all, one thing is clear: progress is real, even if uneven, and it will continue as long as we have the courage to keep demanding it. The road ahead is long, but we will walk it together, proud, resilient, and optimistic that a more inclusive world is not just possible, but inevitable, if we persist. In the face of those who would erase us, we say: we are here, we are valid, and we’re going to win.
Sources
Northwestern University – Three takeaways from new executive order on ‘gender ideology’
CNN – Trump two-gender edict will upend ‘X’ identity on passports
The 19th News – As anti-trans laws get more extreme, here’s where state laws stand in 2025
Wikipedia – Executive Order 14168 (2025 US order against transgender people)
Reuters – Nemo’s Eurovision win fires up Swiss advocates for non-binary rights
Swissinfo – Which countries have adopted a third gender identity marker?
Equality Australia – WA birth certificate laws to recognize non-binary people (Media Release)
PinkNews – These 18 countries legally recognise non-binary people
ILGA-Europe – European Court rules Czech Republic violated trans rights (press release)
