The US Supreme Court on Thursday allowed the Donald Trump administration to implement its policy restricting transgender and nonbinary people from choosing passport sex markers that match their gender identity. The decision, issued on the court’s emergency docket, will keep the rule in effect while legal challenges continue.
Policy to remain in force during ongoing lawsuit
The controversial ruling overturned a lower court order that had required the State Department to continue letting applicants select male, female, or X on their passports according to their gender identity.
The Supreme Court’s conservative majority supported the government’s stance, while the three liberal justices dissented. According to the unsigned order, “Displaying passport holders’ sex at birth no more offends equal protection principles than displaying their country of birth.” The court maintained that the passport serves as an attestation of a “historical fact,” not an act of discrimination.
Dissent highlights harm to transgender individuals
Justice Ketanji Brown Jackson, in a strong dissent, warned that the policy exposes transgender people to “increased violence, harassment, and discrimination.” She said, “This court has once again paved the way for the immediate infliction of injury without adequate — or any — justification.”
Justice Jackson also pointed out that the policy stems directly from Trump’s executive order describing transgender identity as “false” and “corrosive.”
Government defends policy on grounds of executive control
The Trump administration argued that passports fall under foreign affairs, a core area of executive power, and that halting enforcement would interfere with the government’s authority. However, dissenting justices countered that individual identification documents have little to do with foreign policy matters.
The State Department revised passport regulations after Trump’s executive order in January, mandating recognition of only two sexes — male and female — based on biological classification at birth.
Passport gender marker rules under previous governments
Sex markers were first introduced on US passports in the mid-1970s. By the 1990s, applicants could request changes with medical documentation.
Under President Joe Biden in 2021, the process was simplified — individuals could self-identify their gender marker without submitting medical proof, and nonbinary people could choose an “X” marker.
The Trump administration reversed this flexibility, prompting lawsuits from transgender and nonbinary individuals. A district court had earlier blocked the policy in June, calling it discriminatory, but Solicitor General D John Sauer appealed the decision, citing recent Supreme Court rulings that upheld state bans on transition-related healthcare for minors.
Rights groups condemn decision
The American Civil Liberties Union (ACLU) and LGBTQ rights advocates condemned the ruling as a severe setback. “Forcing transgender people to carry passports that out them against their will increases the risk that they will face harassment and violence,” said Jon Davidson, senior counsel for the ACLU’s LGBTQ and HIV Project.
“This is a heartbreaking setback for the freedom of all people to be themselves,” Davidson added, accusing the Trump administration of fuelling discrimination under the guise of administrative order.
Real-world impact on transgender individuals
Several individuals have already faced confusion and distress due to mismatched gender markers. Transgender actor Hunter Schafer revealed earlier this year that her newly issued passport carried a male gender marker, despite her previous documents correctly identifying her as female.
Conclusion
The decision is expected to intensify debates over the rights of transgender and nonbinary people in the United States. With legal battles ongoing, advocates are calling for the restoration of inclusive identification policies introduced during the Biden administration, emphasising that accurate identity documents are critical for personal safety and dignity