US Supreme Court Upholds Trump Policy on Passport Sex Markers
Published 6 November 2025
Highlights
- The US Supreme Court has allowed the Trump administration to enforce a policy requiring passports to display sex assigned at birth.
- This decision overturns a lower court's ruling and halts the option for transgender and non-binary individuals to choose their gender identity on passports.
- The conservative-majority court's decision is seen as a victory for Trump, while the three liberal justices dissented.
- Plaintiffs argue that the policy could lead to harassment and violence against transgender individuals.
- The Biden administration had previously allowed self-selection of gender on passports, including a non-binary 'X' option.
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Rewritten Article
US Supreme Court Upholds Trump Policy on Passport Sex Markers
In a significant legal development, the US Supreme Court has permitted the Trump administration to enforce a policy mandating that passports reflect an individual's sex as recorded at birth. This decision, issued on Thursday, temporarily reverses a lower court's ruling that had allowed transgender and non-binary individuals to select gender markers aligning with their identity.
Background and Legal Context
The Supreme Court's conservative majority granted the Trump administration's request to implement the policy while ongoing litigation unfolds. This move halts a previous order from a Massachusetts court that had blocked the policy, citing potential discrimination against transgender individuals. The court's unsigned order stated that listing sex at birth on passports is akin to noting a person's country of birth, suggesting it does not violate equal protection principles.
Divergent Judicial Opinions
The decision was met with dissent from the court's three liberal justices, including Justice Ketanji Brown Jackson, who criticized the ruling as a "pointless but painful perversion." She argued that the policy lacks justification and could inflict harm on transgender individuals. The plaintiffs, including transgender activist Ash Lazarus Orr, contend that the policy could lead to increased harassment and violence.
Impact on Transgender and Non-Binary Individuals
The policy change has sparked concern among transgender and non-binary communities. Actor Hunter Schafer, a vocal critic, expressed dismay upon receiving a passport listing her gender as male, despite her female designation on other identification documents. The Biden administration had previously introduced a more inclusive policy, allowing individuals to self-select their gender on passports and adding a non-binary 'X' option.
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Scenario Analysis
The Supreme Court's decision to uphold the Trump administration's passport policy could have far-reaching implications for transgender rights in the United States. As the legal battle continues, the case may set a precedent for how gender identity is recognized in official documents. If the court ultimately rules in favor of the policy, it could embolden similar measures at state and federal levels, potentially impacting other areas of civil rights for transgender individuals. Legal experts suggest that the outcome of this case could influence future debates on gender identity and equal protection under the law.
In a significant legal development, the US Supreme Court has permitted the Trump administration to enforce a policy mandating that passports reflect an individual's sex as recorded at birth. This decision, issued on Thursday, temporarily reverses a lower court's ruling that had allowed transgender and non-binary individuals to select gender markers aligning with their identity.
Background and Legal Context
The Supreme Court's conservative majority granted the Trump administration's request to implement the policy while ongoing litigation unfolds. This move halts a previous order from a Massachusetts court that had blocked the policy, citing potential discrimination against transgender individuals. The court's unsigned order stated that listing sex at birth on passports is akin to noting a person's country of birth, suggesting it does not violate equal protection principles.
Divergent Judicial Opinions
The decision was met with dissent from the court's three liberal justices, including Justice Ketanji Brown Jackson, who criticized the ruling as a "pointless but painful perversion." She argued that the policy lacks justification and could inflict harm on transgender individuals. The plaintiffs, including transgender activist Ash Lazarus Orr, contend that the policy could lead to increased harassment and violence.
Impact on Transgender and Non-Binary Individuals
The policy change has sparked concern among transgender and non-binary communities. Actor Hunter Schafer, a vocal critic, expressed dismay upon receiving a passport listing her gender as male, despite her female designation on other identification documents. The Biden administration had previously introduced a more inclusive policy, allowing individuals to self-select their gender on passports and adding a non-binary 'X' option.
What this might mean
The Supreme Court's decision to uphold the Trump administration's passport policy could have far-reaching implications for transgender rights in the United States. As the legal battle continues, the case may set a precedent for how gender identity is recognized in official documents. If the court ultimately rules in favor of the policy, it could embolden similar measures at state and federal levels, potentially impacting other areas of civil rights for transgender individuals. Legal experts suggest that the outcome of this case could influence future debates on gender identity and equal protection under the law.
