The U.S. Supreme Court on Thursday allowed the Trump administration to enforce a policy requiring that all U.S. passports reflect an individual’s sex assigned at birth, rather than their gender identity.
The ruling temporarily halts a lower court’s order that had allowed transgender and nonbinary Americans to select “male,” “female,” or “X” markers on their passports.
The unsigned order marks another legal victory for former President Donald Trump and a significant setback for LGBTQ rights advocates.
The Court said the government’s decision to list an applicant’s biological sex “attests to a historical fact” and does not violate equal protection principles, comparing it to listing someone’s country of birth.
Three liberal justices dissented, with Justice Ketanji Brown Jackson writing that the Court’s choice “once again paved the way for the immediate infliction of injury without adequate justification.” She criticized the majority for what she called a “senseless sidestepping of the obvious equitable outcome.”
Background of the Policy
Sex markers have appeared on U.S. passports since 1976. In 1992, citizens were first permitted to update the marker if they provided certain medical documentation.
In 2021, under President Joe Biden, the State Department expanded this to allow applicants to choose an “X” gender marker without documentation — a move celebrated as a milestone for nonbinary and intersex Americans.
After taking office earlier this year, Trump reversed the Biden-era policy through executive order. The new rule eliminated the “X” marker option and required passport applicants to list the sex shown on their birth certificate, regardless of gender identity.
Legal Challenge and Supreme Court Decision
The American Civil Liberties Union filed a lawsuit arguing that the policy discriminates on the basis of sex and exposes transgender and nonbinary people to the risk of harassment or violence when traveling.
A federal judge in Massachusetts agreed, blocking the policy nationwide earlier this year. The First Circuit Court of Appeals later declined to lift that injunction.
The Trump administration appealed to the Supreme Court, arguing that defining sex based on biology “applies equally to everyone” and does not amount to discrimination. Government attorneys also said the courts had no authority to intervene in presidential policy decisions concerning passports and foreign travel.
By allowing the administration to enforce the rule while the case continues, the Court effectively reinstated the policy. This decision does not settle the lawsuit’s constitutional questions but permits the government to act under the new rule for now.
Reactions
The ACLU called the ruling “a heartbreaking setback for the freedom of all people to be themselves,” warning that requiring transgender travelers to carry passports that reveal their birth sex could make them more vulnerable to violence and discrimination.
Attorney General Pam Bondi, celebrating the decision, said it represented “our 24th victory at the Supreme Court’s emergency docket” and reaffirmed “the simple truth that there are two sexes.”
Transgender actor Hunter Schafer, whose passport was recently issued with a male gender marker, criticized the policy earlier this year, saying she believed it would never be enforced but now fears its real-world consequences.
Also..
This ruling marks the second time in recent months that the Supreme Court has allowed a Trump administration policy targeting transgender Americans to proceed while legal challenges continue.
Earlier this year, the Court permitted the administration to enforce a ban on transgender individuals serving in the military.
While Thursday’s decision is temporary, it signals how the Court may approach similar issues in the future. For now, Americans applying for passports will be required to use the sex listed on their birth certificates, with no option for an “X” marker or a designation matching their gender identity.
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