The United States Supreme Court has upheld the Trump administration’s policy requiring passport applicants to be identified by their biological sex at birth rather than their gender identity.
The decision, announced on Thursday, marks another setback for transgender and nonbinary Americans, as the conservative-leaning court, which includes three justices appointed by former President Donald Trump, continues to shape policies affecting gender rights.
Shortly after returning to office in January, Trump issued an executive order recognizing only two genders, male and female, effectively ending the use of a third “X” gender option on U.S passports.
Under the new directive, the State Department must list each passport holder’s biological sex, “M” for male or “F” for female, as recorded at birth.
The American Civil Liberties Union (ACLU) filed a lawsuit challenging the directive.
A federal district court initially ordered the State Department to resume issuing “X” passports for transgender, nonbinary, and intersex individuals, but the administration appealed the ruling.
After the appeals court declined to overturn the lower court’s decision, the Justice Department took the case to the Supreme Court, requesting an emergency stay.
In a brief unsigned order, the Supreme Court granted the administration’s request, allowing the policy to remain in effect while litigation continues.
“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 without subjecting anyone to differential treatment,” the court stated.
The court’s three liberal justices dissented.
The State Department had first introduced the “X” gender marker in October 2021 under President Joe Biden to accommodate individuals who identify as nonbinary, intersex, or gender non-conforming.
Reacting to the ruling, senior ACLU counsel Jon Davidson described the decision as “a heartbreaking setback for the freedom of all people to be themselves.”
“This fuels the Trump administration’s ongoing campaign against transgender Americans and their constitutional rights,” Davidson said, vowing to continue the legal fight.
“We will keep pushing for a future where everyone can determine their own identity.”
In a related move, Trump also reinstated a ban on transgender individuals serving in the U.S. military earlier this year, a policy the Supreme Court permitted to take effect in June while challenges proceed in lower courts.
