Meet the trans activist who took on Trump’s passport policy – and won

On Trump’s first day back in office on January 20, one of the numerous executive orders he signed ruled that all US citizens must have gender markers on their passports corresponding with their sex assigned at birth. Days after it was signed, Zaya Perysian, a 22-year-old trans content creator and political activist based in Los Angeles, became the first person in the country to receive a passport with the wrong gender marker. She posted a video (which went viral on TikTok) and joined forces with the ACLU, and became a plaintiff in a case that has now become a class action blocking Trump’s administration from the order. In April, the Massachusetts district court granted a preliminary injunction requiring the State Department to allow six transgender and nonbinary plaintiffs, including Perysian. Then, on June 17, a federal judge blocked Trump’s executive order. The next step, according to Jon Davidson, senior counsel at the ACLU, is for the State Department to comply, so that Perysian’s case can be used as a precedent to correct the passports for trans people across the country. “We filed a motion this week for a judge to order them to immediately comply, but the State Department is not yet complying,” says Davidson. 

Perysian now holds a corrected passport, but the fight is still ongoing – the current administration continues to target transgender and nonbinary people, and has removed the “T” for trans from the state department’s LGBTQ+ (now just LGB) travel site. Perysian has remained involved in the trans passport class action as a class representative, acting on behalf of all of the people whose safety and ability to travel hinges on the class action. This number, estimates Davidson, includes hundreds of thousands of trans, non-binary and intersex Americans – some of whom are in Perysian’s comments asking for advice. Perysian has been posting regular updates on her lawsuit against this administration to her nearly five million followers on TikTok, and celebrated her win with a Legally Blonde-themed satirical series, Read All About It, with the LGBTQ-founded fashion brand Finesse. In February, Hunter Schafer also spoke out about getting a new passport, which listed her as “male”, despite selecting female when she completed the application. 

Ahead, we spoke to Perysian about grounding your social media activism in IRL action and winning a court case “like a doll”.

For years, you’ve documented almost every step of your journey and experience as a trans woman, and now, as part of the class action lawsuit. How did sharing your story shape your perspective on activism? 

Zaya Perysian: It has completely re-shaped it. Before, I would dabble in activism and speak up for my community, but it was never to the extent of something that impacted me so drastically. I feel like I had a lot of privilege with my transition because of what I do. I’ve been able to access a lot of gender affirming care, and I live in California, which makes it a bit easier. But when this passport thing happened, it quite literally affected me directly in probably the worst way possible. It lit fire underneath me, which is why I was so quick to post about it and seek legal help. I figured, I have this platform that could maybe be utilised to shape the laws and legislation in this country – and that’s exactly what happened. 

Let’s talk about that moment when you first received your incorrect passport. Were you expecting it at all?

Zaya Perysian: I was gagged when I opened up that passport. It was scary. I had renewed my passport so fast and figured that I was going to receive it and have no issues, but was humbled by the universe very quickly. My passport was old because I’ve only been out of the country once in my life, so when I heard Trump could change things, I thought I might be the last trans person to get an accurate passport. I ended up being the first trans person to get an inaccurate one. 

What inspired you to sue over the passport policy? And what was that process like?

Zaya Perysian: People were warning me about posting out against the Trump administration because we didn’t know the posting. But I knew I couldn’t be afraid of this administration. I couldn’t silence myself to appease them because that’s exactly what they want. I recognise the privilege I have with having a large platform, so I wanted to help other people going through this. Luckily, I tagged the ACLU, and they saw my video. They reached out within a few days and told me that they wanted me to be included in this lawsuit. 

Major congrats on the ruling – what was the first thing you did when you heard the news?

Zaya Perysian: I remember giggling and screaming on the phone with one of my lawyers. Pushing back works. Fighting for our rights works. Knowing that I was part of this historical decision and shaping the narrative as it pertains to the rights of trans people of this country felt so humbling. That night, I went out with some friends and we celebrated. But the fight is not over. 

What’s keeping you motivated (or even hopeful) about the future of the US? 

Zaya Perysian: My platform. It’s the community aspect that is keeping me amped up. This case has brought light and hope to so many in the trans community. It’s really showcased how, even though this administration is not for us and all they do is take from us, there are ways to cut through that and take back our human rights and dignity; to have a sense of freedom in this country and hold onto the rights we deserve. This case is giving me a lot of hope for many different lawsuits that are going on in regards to trans people. There are still many unknowns for the future here, but the fight will never be over as long as this administration is in office and as long as there are organisations like the ACLU who never stop fighting on the back end. I’ll never lose hope in America’s trans community, no matter how the political climate shifts, because we’re not easy to get rid of and we’re not going anywhere. 

As a person with a large following on social media, with many young people looking to you as an example, what is the most critical thing that all people can do to protect trans people from similar attacks in the future?

Zaya Perysian: One thing I will always recommend to people is to donate to the ACLU. Also, speaking up and reaching out to trans people you know to show them support. So many of us feel isolated when all this legislation is cracking down on us. It seems like it’s weekly at this point. Tell a trans person that you care for them and will fight for them. Show up to protests. People will speak out for trans people online, but when it comes time to really step up and out, they don’t show up in that way. It would be great to see more people do that as well. 

You’ve really utilised your online platform for something very action-oriented. How do you think people can find that balance between social and in-person activism?

Zaya Perysian: Stay updated wherever you live. Go to city halls, town meetings and anywhere where public commentary is open to your elected officials to give it to them face to face. Then keep updated with organised protests in your area and organise your own protests, if you have the means to. Also, join local Facebook groups because it’s not only important to protest on a federal scale, but also at a local level. 

Now that you have your correct passport, where is the first place you’d like to travel to?

Zaya Perysian: I’m very excited to use my passport. I want to go somewhere LGBTQ friendly but also tropical, so Thailand. I want to lie out, enjoy having the freedom to leave the country and feel safe. I know there’s a whole seen of trans and queer people out there, so I would love to experience that and celebrate the fact that I can finally leave after all this crap.