Supreme Court Allows Trump to Enforce Passport Gender Policy
The U.S. Supreme Court on Thursday allowed President Trump to implement his policy requiring passport applicants to list their sex as recorded on their birth certificate. The decision reverses a lower court’s injunction that had temporarily blocked this rule.
Although this is not a final judgment, it enables the policy to take effect while legal challenges continue in lower courts.
“The court's decision is not a final ruling, however; it just permits Trump's passport policy to go into effect while litigation continues in the lower courts.”
Background and Policy Change
Male and female sex markers have appeared on U.S. passports since 1976. For over three decades, individuals were able to request passports reflecting their gender identity rather than the sex indicated on their birth certificate.
The option to choose “X” for non-binary identities was introduced in 2021 under President Biden’s administration. Trump’s policy removes that option, limiting applicants to “M” or “F.”
Legal and Social Response
A group of plaintiffs, led by Ashton Orr, a transgender man who faced scrutiny at an airport due to a mismatch between his passport and gender identity, argued that the policy harms transgender and non-binary citizens and violates constitutional protections under the Fourteenth Amendment.
“Trump’s policy would hurt transgender and non-binary individuals, would harm the government's ability to identify citizens, and was motivated by unconstitutional transphobia.”
Continuing Litigation
The case will proceed through lower courts, where broader questions about gender rights, constitutional protections, and government identification standards are expected to be addressed in greater detail.
Author’s summary: The Supreme Court’s temporary approval of Trump’s passport rule revives debate over gender identity rights, equality, and administrative policy in U.S. documentation.