Virgin Islands Legalizes Gender Marker Changes, Becoming First U.S. Territory to Recognize Trans People

The Virgin Islands is leading the way as the first U.S. territory in history to recognize transgender people.

In a landmark move for transgender and intersex rights, the United States Virgin Islands (USVI) has become the first U.S. territory to officially allow gender marker changes on government documents, following a sweeping executive order by Governor Albert Bryan Jr.

Executive Order No. 543-2025, signed last Wednesday, provides trans and intersex Virgin Islanders with a clear, affirming process to update their birth certificates and government-issued IDs to reflect their true gender.

“Virgin Islanders have reached out to our administration seeking a way to have their documents reflect who they truly are,” Bryan said at the signing ceremony. “This Executive Order provides a fair and compassionate process where none existed before. It ensures that our government recognizes and respects the lived realities of all our residents.”

This decision is not just administrative; it is historic. It marks the first official recognition of trans and intersex individuals in the territory’s legal framework—a moment that many activists say signals a new era of dignity and inclusion.

Under the new policy, anyone aged 18 or older can request a gender marker change in writing. Parents or guardians can make the same request on behalf of minors. Applicants must provide either a statement from a licensed healthcare provider confirming an “intersex condition” or a judicial order granting a gender designation change.

The revised documentation will use the term “gender” rather than “sex,” aligning the Virgin Islands with at least 25 states, Puerto Rico and District of Columbia, which already have similar administrative procedures in place.

This move follows a failed legislative effort last year, when Bryan introduced a bill that stalled in committee. Rather than allow the matter to languish, the governor used executive authority to enact the policy directly. It’s a bold, decisive maneuver—one that trans and intersex communities have long called for.

The Virgin Islands has quietly emerged as one of the more affirming U.S. jurisdictions for trans people. The territory prohibits discrimination based on sexual orientation and gender identity. There are no known bans on gender-affirming care, no restrictions on trans athletes, and no bathroom bills looming in legislative chambers.

In sharp contrast, six states—Texas, Florida, Tennessee, Iowa, Kansas, and Oklahoma, currently deny citizens the right to change their gender markers on birth certificates. Four of those states extend the ban to state IDs.

Against the backdrop  of mounting legislative hostility in much of the mainland United States, the Virgin Islands’ executive order is not just progressive, it is defiant. It stands as a reminder that policy can still move in the direction of liberation rather than restriction.

This moment lands amid a rising anti-trans legislation and cultural attacks across the country. More than 500 anti-LGBTQ+ bills have been introduced in state legislatures in the last two years, targeting everything from healthcare access to public school participation to the ability to exist in public spaces without criminalization.

For trans and intersex people, having accurate identification is more than a matter of convenience. It’s about safety, dignity, and it’s about the right to move through the world without the constant threat of being misgendered, harassed, or denied services.

The Virgin Islands’ decision sends a clear message that there is a different way forward. It is a way rooted in recognition, not erasure; in respect, not control.

While some may overlook this story as as island footnote, it holds profound national significance. It shows what political will can do, even in places with limited resources or legislative gridlock. It also reflects the resilience and advocacy of trans and intersex Virgin Islanders who have fought, often quietly, often without headlines, to make this moment possible.

For trans communities, affirmation is not an abstract concept. It’s as tangible as an ID that reflects who they are. It’s as immediate as being able to exist without explanation. And in a season when so many statehouses are legislating against trans lives, the Virgin Islands has chosen to act in defense of humanity.

That, in itself, is revolutionary.