Supreme Court backs Trump’s move to block passport gender marker changes for transgender and non-binary applicants.
The U.S. Supreme Court on Thursday granted the Donald Trump administration’s request to enforce a policy requiring U.S. passport applicants to be identified by their biological sex at birth (either “M” or “F”), rather than allowing them to use gender identity or an “X” marker.
Under the policy, instituted via executive order and implemented by the U.S. Department of State, all new passport applications must reflect the sex assigned at birth, reversing an earlier system that allowed transgender and nonbinary individuals to self-select their marker.
A federal district court had previously blocked enforcement of this policy nationwide, finding it likely violated equal-protection and due-process principles by discriminating against transgender and nonbinary Americans.
However, in a brief unsigned order, the Supreme Court granted a stay of that injunction allowing the policy to remain in force while litigation continues in lower courts.
In its order, the Court stated that “displaying passport holders’ sex at birth no more offends equal-protection principles than displaying their country of birth in both cases, the Government is merely attesting to a historical fact without subjecting anyone to differential treatment.”
Three liberal justices dissented, warning that forcing transgender and non-binary individuals to carry passports that contradict their lived gender identity heightens their risks of violence, harassment and discrimination.
The policy remains subject to ongoing legal challenges led by the American Civil Liberties Union (ACLU) on behalf of transgender and nonbinary applicants. They argue the policy exacerbates harm by denying individuals identification documents that align with their gender identity and undermines their safety and dignity.
This decision represents a significant setback for advocates of transgender rights in the U.S., and it signals how the Court is handling emergency appeals on gender-identity matters under the Trump administration’s agenda.
The U.S. Supreme Court on Thursday granted the Donald Trump administration’s request to enforce a policy requiring U.S. passport applicants to be identified by their biological sex at birth (either “M” or “F”), rather than allowing them to use gender identity or an “X” marker.
Under the policy, instituted via executive order and implemented by the U.S. Department of State, all new passport applications must reflect the sex assigned at birth, reversing an earlier system that allowed transgender and nonbinary individuals to self-select their marker.
A federal district court had previously blocked enforcement of this policy nationwide, finding it likely violated equal-protection and due-process principles by discriminating against transgender and nonbinary Americans.
However, in a brief unsigned order, the Supreme Court granted a stay of that injunction allowing the policy to remain in force while litigation continues in lower courts.
In its order, the Court stated that “displaying passport holders’ sex at birth no more offends equal-protection principles than displaying their country of birth in both cases, the Government is merely attesting to a historical fact without subjecting anyone to differential treatment.”
Three liberal justices dissented, warning that forcing transgender and non-binary individuals to carry passports that contradict their lived gender identity heightens their risks of violence, harassment and discrimination.
The policy remains subject to ongoing legal challenges led by the American Civil Liberties Union (ACLU) on behalf of transgender and nonbinary applicants. They argue the policy exacerbates harm by denying individuals identification documents that align with their gender identity and undermines their safety and dignity.
This decision represents a significant setback for advocates of transgender rights in the U.S., and it signals how the Court is handling emergency appeals on gender-identity matters under the Trump administration’s agenda.
Supreme Court backs Trump’s move to block passport gender marker changes for transgender and non-binary applicants.
The U.S. Supreme Court on Thursday granted the Donald Trump administration’s request to enforce a policy requiring U.S. passport applicants to be identified by their biological sex at birth (either “M” or “F”), rather than allowing them to use gender identity or an “X” marker.
Under the policy, instituted via executive order and implemented by the U.S. Department of State, all new passport applications must reflect the sex assigned at birth, reversing an earlier system that allowed transgender and nonbinary individuals to self-select their marker.
A federal district court had previously blocked enforcement of this policy nationwide, finding it likely violated equal-protection and due-process principles by discriminating against transgender and nonbinary Americans.
However, in a brief unsigned order, the Supreme Court granted a stay of that injunction allowing the policy to remain in force while litigation continues in lower courts.
In its order, the Court stated that “displaying passport holders’ sex at birth no more offends equal-protection principles than displaying their country of birth in both cases, the Government is merely attesting to a historical fact without subjecting anyone to differential treatment.”
Three liberal justices dissented, warning that forcing transgender and non-binary individuals to carry passports that contradict their lived gender identity heightens their risks of violence, harassment and discrimination.
The policy remains subject to ongoing legal challenges led by the American Civil Liberties Union (ACLU) on behalf of transgender and nonbinary applicants. They argue the policy exacerbates harm by denying individuals identification documents that align with their gender identity and undermines their safety and dignity.
This decision represents a significant setback for advocates of transgender rights in the U.S., and it signals how the Court is handling emergency appeals on gender-identity matters under the Trump administration’s agenda.
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