The Secretary of State may not issue any passport that contains a gender designation other than "male" or "female", and may permit applicants for passports to select, between such designations, only the designation that matches the biological gender of the applicant.

For purposes of the prohibition in this section, the biological gender of an individual means the biological classification of the individual as of the male or female sex in the context of reproductive potential or capacity, as indicated by sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth.