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Viral Trending content > Blog > World News > US travel rules on biological sex: Europe ‘panics’
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US travel rules on biological sex: Europe ‘panics’

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Contents
Different country, different rulesWhat’s changed for European visitors in the US?Europe raises the rainbow flagThe core of the issue: identity vs legal clarityIs this really about safety?Why it matters

Travel shake-up: Belgium prepares to flag U.S. travel ‘risks’ as concerns rise among LGBTQ community

A picture of an American flag and a US visa document.

Credit: Shutterstock, Harun Ozmen

Belgium to update U.S. travel advice over gender and sex ID rules. 

Belgium is set to follow in the footsteps of the Netherlands and other European nations by updating its travel advice for the United States-specifically highlighting tightened border controls and – allegedly – ‘growing risks for LGBTQ+ citizens’. It’s a diplomatic shake-up with mounting unease over recent changes across the pond. But what are these changes?

The move comes hot on the heels of a similar update from the Dutch foreign ministry, which has tweaked its own guidance to alert LGBTQ+ travellers that American laws and customs may not match the liberal norms they’re used to at home.

Different country, different rules

At first glance, people not being ‘protected’ might sound like a serious safety issue. But when you strip away the political language, what’s actually happening is a telling example of the current times.

Dutch MEP Kim van Sparrentak called the shift “a sad and completely needless reality,” in a comment to Politico, reflecting what many see as a step backwards in transatlantic progress. But what exactly is this sad change? What has supposedly thrust the US back into the middle ages?

What’s changed for European visitors in the US?

To be clear, there’s no US travel ban or restriction on LGBTQ+ people entering the country, and no new federal laws targeting gay or transgender tourists. So why the dramatic warnings from politicians?

Well, recent updates to U.S. immigration procedures require all travellers to state their biological sex – that is, the sex they were born with- on visa or ESTA forms. For most people, this is routine. For those who identify differently from their biological sex, it can be an uncomfortable moment. Hence the outrage and ‘sadness’ from politicians.

Several U.S. states have also passed laws that:

– Restrict access to gender-affirming care, particularly for minors.

– Define sex in legal terms as biological, rather than self-identified.

– Regulate access to sex-segregated spaces (like bathrooms or sports) based on birth sex.

In Europe – where many of these policies would be labelled as ‘politically incorrect,’ ‘intolerant,’ ‘discriminatory’, or even ‘far-right’ – the result is lots of lip service with a dash of ’empathy’ and ‘sadness’ from politicians. Belgium’s foreign ministry told Newsweek that its travel guidance will be updated soon, citing the “changing attitude towards transgender people” in the U.S.

But it’s not just about LGBTQ+ rights. Governments across Europe have added broader warnings for all travellers, noting that U.S. immigration officials are scrutinising entry documents with fresh intensity.

Travellers entering the U.S. under ESTA or with a visa now face stricter enforcement – and the risks include not just being turned away, but possible arrest, imprisonment or deportation if found in breach of the rules.

According to the Belgian Belga News Agency, Brussels is preparing to issue its own updated advisory “soon,” highlighting increased ‘challenges’ at the U.S. border- especially for LGBTQ+ travellers.

Europe raises the rainbow flag

Belgium and the Netherlands are just the latest in a growing list of countries updating their guidance for American-bound citizens.

Germany, France, Finland and Denmark have already revised their travel advice, in part due to new U.S. visa and ESTA requirements that ask travellers to state their gender assigned at birth – a move seen as controversial by human rights groups.

The UK’s Foreign Office has also weighed in, warning:

“You should comply with all entry, visa and other conditions of entry. The authorities in the U.S. set and enforce entry rules strictly. You may be liable to arrest or detention if you break the rules.”

The core of the issue: identity vs legal clarity

The changes in U.S. policy are arguably not about targeting individuals, but rather about matter-of-fact and efficiency – particularly around sex and identity in official documentation.

This may feel ‘insensitive’ to some, but supporters argue that it brings much-needed clarity, especially in areas like healthcare, law enforcement, and immigration. From that perspective, the policy isn’t hostile – it’s neutral and matter of fact, which, after all, is what law and science should be about, shouldn’t they?

In countries like the Netherlands and Belgium, gender identity has been widely accepted as a self-declared category in both law and society. In parts of the U.S., especially at the state level, the legal emphasis has returned to biological sex as the foundational category.

This is where the tension is growing – particularly for travellers expecting one system, and encountering another.

Is this really about safety?

No, it’s not. In certain U.S. states, a traveller who identifies as trans or non-binary may:

Be required to use facilities matching their birth sex.

Find that their gender identity is not recognised by law.

Experience awkward or bureaucratic encounters at the border if documentation doesn’t match appearance.

For some, this may feel ‘unfair’. But for U.S. authorities, the guiding principle is consistency and legal accuracy, not affirmation of identity, or personal feelings.

Why it matters

This isn’t really a debate about safety – it’s a clash between two systems. One prioritises individual identity and feelings, even when it departs from biology. The other prioritises legal and biological clarity, regardless of feelings.

What’s right or wrong? You decide.

Get more Belgian news in English.

Stay tuned to the viraltrendingcontent for the latest European news in English.

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