US supreme court backs Trump policy requiring passports to reflect sex at birth
The United States Supreme Court on Thursday allowed the Trump administration to enforce a policy requiring passport applicants to be identified by their biological sex at birth rather than their gender identity.
The ruling marks another setback for transgender and nonbinary Americans, following a series of conservative decisions by the court, which currently includes three justices appointed by former Republican President Donald Trump.
Under an executive order signed by Trump in January, only two gender options male and female will now be recognized on US passports, ending the previous allowance of a third gender marker, “X.” In line with the directive, the State Department has resumed listing only the biological sex of passport holders at birth.
The American Civil Liberties Union (ACLU) had challenged the policy, and a lower court ordered the State Department to continue issuing “X” passports to affected individuals. However, the Supreme Court, in a brief unsigned order, permitted the Trump administration to maintain the policy while the case proceeds in lower courts.
“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,” the court stated. The three liberal justices on the nine-member panel dissented.
Senior ACLU counsel Jon Davidson described the decision as a “heartbreaking setback” for the transgender community, vowing to continue the legal battle.
“This is fuel on the fire the Trump administration is stoking against transgender people and their constitutional rights,” Davidson said.
The “X” passport option was first introduced in October 2021 under President Joe Biden, intended for nonbinary, intersex, and gender non-conforming individuals. Trump has also issued an executive order banning transgender Americans from military service, a policy the Supreme Court previously allowed to take effect pending litigation.
