New gender laws spark confusion: What we know for LGBTQ+ tourists going to the UK, Hungary
New gender laws spark confusion: What we know for LGBTQ+ tourists going to the UK, Hungary
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Rallies around the world honor International Transgender Day
STORY: :: People across the globe gather on the International Transgender Day of Visibility on March 31, 2025.
The U.K. Supreme Court ruled that "biological sex" defines "woman" in equality law, but this shouldn't impact trans travelers.
Hungary amended its constitution to require male or female identification, impacting LGBTQ+ events.
U.S. Customs and Border Protection states that passport gender and personal beliefs about sexuality don't affect admissibility.
The Supreme Court of the United Kingdom ruled Wednesday that the definition of a woman under the nation's equality legislation is based on "biological sex." The court insisted that trans people would not be at a disadvantage as a result of the ruling. For trans and nonbinary travelers, there shouldn't be a major change to border policies.
Still, governments around the world are tightening restrictions on trans and nonbinary identification documents, so many travelers are left wondering what's happening. Earlier this week, Hungary amended its constitution with new regulations requiring people to identify as either male or female, and new restrictions on LGBTQ+ public events.
USA TODAY previously reported on a transgender U.S. citizen who was pulled aside for extra questioning by border agents when returning to the country
Can trans and nonbinary travelers access the UK or Hungary if their passports don't match?
It's unclear how Hungary's new law will affect travelers. However, the Supreme Court ruling in Britain should not impact travelers.
The U.K.'s Home Office, which regulates the country's border, did not immediately respond to a request for comment, but the court ruling was an interpretation of the country's Equality Act, an employment nondiscrimination law. It does not appear to change any policy on the government's ability to issue or recognize documents that align with a person's gender identity.
What about travelers with birth-assigned gender on travel documents, but identify differently?
The British government will still issue gender recognition certificates, which are formal documents that legally recognize a person's new gender. However, under Wednesday's Supreme Court ruling, those documents will not qualify someone to be recognized by their gender identity for Equality Act enforcement purposes. Still, the ruling should not have a direct impact on border policies for travelers.
Story continues below.
Can a border patrol officer look through your phone and other devices?
U.S. Customs and Border Protection officers can go through your phone, including any deleted items on the device.
Will trans or nonbinary American travelers be denied entry back to the US?
While the Trump administration has said it will no longer issue passports with nonbinary gender markers or that reflect a person's gender identity, current passport holders should still be able to travel with their existing documents.
"A foreign traveler's gender as indicated on their passport and their personal beliefs about sexuality do not render a person inadmissible. Claims to the contrary are false. Travelers must present an official government-issued travel document and be the rightful bearer of that document when seeking entry at a U.S. Port of Entry," a Customs and Border Protection spokesperson told USA TODAY in an email.
Still, trans and nonbinary travelers have previously reported more difficulty clearing customs in the U.S.
"Border crossings have always been a top source of stress for trans and nonbinary travelers, and we've seen this anxiety increasing around travel to and from the U.S. We expect to see a similar reaction toward the U.K. after the Supreme Court ruling," John Tanzella, president and CEO of the International LGBTQ+ Travel Association, said in a statement. "One of our biggest challenges in providing advice is the lack of clear guidance from the government agencies travelers rely on. It's incredibly frustrating."
Contributing: Reuters
Zach Wichter is a travel reporter and writes the Cruising Altitude column for USA TODAY. He is based in New York and you can reach him at zwichter@usatoday.com.
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