By LINDSAY WHITEHURST, Associated Press
WASHINGTON (AP) — The Supreme Court has granted permission to the Trump administration to enforce a policy that restricts transgender and nonbinary individuals from selecting passport sex markers that correspond with their gender identity.
This decision, backed by the conservative-dominated court, is one of President Donald Trump’s victories on the emergency docket. It allows the administration to implement the policy while a legal battle is ongoing. The ruling puts a stop to a previous court order that mandated the government to continue permitting individuals to choose male, female, or X as their passport gender marker to align with their gender identity on new or renewed passports. The three liberal justices on the court dissented from the order, which was issued without a signature.
Following an executive order by Trump in January that stated the U.S. would only acknowledge two sexes, male and female, based on birth certificates and biological classification, the State Department made changes to its passport regulations.
For instance, transgender actor Hunter Schafer revealed in February that her new passport displayed a male gender marker, despite being identified as female on her driver’s license and passport for several years.
The plaintiffs argue that restricting passports to the sex listed on a birth certificate could lead to harassment or violence against transgender individuals.
Attorneys representing the plaintiffs stated in court documents, “By categorizing individuals based on the sex assigned at birth and issuing sex markers on passports solely based on that sex classification, the State Department is denying the plaintiffs a valid identification document and the ability to travel safely.”
According to court documents, sex markers started appearing on passports in the mid-1970s, with the federal government allowing changes with medical documentation in the early 1990s. In 2021, under President Joe Biden, requirements for documentation were removed, allowing nonbinary individuals to select an X gender marker after years of legal battles.
In June, a judge blocked the Trump administration’s policy following a lawsuit from nonbinary and transgender individuals, some of whom expressed fear of submitting applications. The judge’s order was upheld by an appeals court.
Solicitor General D. John Sauer then turned to the Supreme Court, citing a recent ruling that upheld a ban on transition-related health care for transgender minors. Sauer argued that Congress granted the president authority over passports, which falls under his jurisdiction over foreign affairs.
Sauer stated in court documents, “It is difficult to imagine a system less conducive to accurate identification than one in which individuals can refuse to disclose their sex and withhold relevant identifying information for any reason, or rely on a changing sense of self-identification.”
