U.S. Supreme Court Upholds Trump Administration’s Passport Gender Policy

The U.S. Supreme Court on Thursday upheld a Trump administration policy requiring that passport applicants be identified by their biological sex at birth rather than their gender identity.

The decision marks another setback for transgender and nonbinary Americans, coming from the conservative-majority court that includes three justices appointed by former Republican President Donald Trump.

Shortly after returning to office in January, Trump issued an executive order recognizing only two genders, male and female, thereby eliminating the “X” gender marker previously available on U.S. passports for nonbinary individuals.

Following the directive, the U.S. State Department began issuing passports reflecting only an individual’s sex at birth, designated as “M” or “F.”

The American Civil Liberties Union (ACLU) challenged the order, leading a district court to temporarily reinstate the issuance of “X” passports. However, after an appeals court refused to reverse the lower court’s ruling, the Justice Department escalated the matter to the Supreme Court, requesting an emergency stay.

In a brief, unsigned ruling, the justices granted the Trump administration’s request, allowing the policy to remain in effect while the case continues in lower courts.

“Displaying passport holders’ sex at birth no more violates equal protection principles than listing their country of birth,” the court stated. “In both cases, the government merely records a historical fact without discrimination.”

The three liberal justices dissented from the ruling.

The “X” gender marker was first introduced in October 2021 under President Joe Biden, meant to serve nonbinary, intersex, and gender-nonconforming individuals.

Reacting to the ruling, ACLU senior counsel Jon Davidson described the decision as “a heartbreaking setback for the freedom of all people to be themselves.”

“This ruling fuels the Trump administration’s ongoing efforts to marginalize transgender individuals and undermine their constitutional rights,” Davidson said, vowing that the organization “will continue to fight for a future where everyone can define their own identity.”

Earlier this year, Trump also signed an executive order banning transgender Americans from serving in the military. The Supreme Court similarly allowed that ban to take effect while ongoing legal challenges are heard.