Archive · 7 Nov 2025
Supreme Court Allows Trump-Era Passport Gender Policy
Imagine your passport is like an ID for traveling.
The government used to let people choose if their passport said 'M' for male, 'F' for female, or sometimes an 'X' if they don't identify as either.
But the Trump administration made a rule that passports must show only the gender you were born with, based on your birth certificate.
A lower court had said this rule couldn't be used, but now the highest court, the Supreme Court, has said the rule can be used for now.
Three judges on the Supreme Court disagreed with this decision.
They believe this rule is hurtful to people who are transgender or nonbinary and could make them less safe.
The court said it's like saying where you were born, just stating a fact.
But those who disagreed feel it's more than a fact and can cause harm.
The US Supreme Court has permitted the Trump administration's policy requiring passports to reflect biological sex at birth to be enforced.
This policy mandates that passports list either 'M' or 'F' based on an individual's sex assigned at birth.
The Supreme Court's order allows the policy to stand while legal challenges continue in lower courts.
Three liberal justices dissented from the unsigned order, expressing concern for transgender and nonbinary individuals.
The ACLU condemned the decision, calling it a setback for self-determination and vowing to continue the legal fight against the policy.
- Who
- The US Supreme Court, the Trump administration, the American Civil Liberties Union (ACLU), transgender and nonbinary Americans, and three liberal Supreme Court justices.
- What
- The Supreme Court has allowed the Trump administration's policy that requires passports to identify individuals by their biological sex at birth ('M' or 'F') to be enforced.
- When
- Thursday (the date of the Supreme Court's order).
- Where
- The ruling was issued by the US Supreme Court.
- Why
- The Supreme Court majority stated that displaying sex at birth attests to a historical fact without differential treatment, similar to displaying a country of birth, and is within executive control. Dissenting justices and the ACLU believe the policy harms transgender and nonbinary individuals.
Trump Administration Policy
ACLU and Liberal Justices
Passport Gender Markers
Trump Administration Policy
The policy requires passports to reflect the sex at birth ('M' or 'F'), aligning with an executive order recognizing only two genders. The court stated this attests to a historical fact without differential treatment, similar to displaying country of birth.
ACLU and Liberal Justices
The policy is a setback for transgender and nonbinary individuals, denying them self-determination over their identity and potentially leading to increased vulnerability. The ACLU vows to continue fighting this policy.
Judicial Rulings on Policy
Trump Administration Policy
The Supreme Court issued an emergency stay, allowing the Trump administration's policy to remain in place while the case proceeds in lower courts, overturning a district court's order that had blocked it.
ACLU and Liberal Justices
Three liberal justices dissented from the Supreme Court's unsigned order, indicating disagreement with allowing the policy to be enforced.
- Supreme Court Decision
- Allowed the Trump administration's policy on passport gender markers to be enforced.
- Policy Requirement
- Passports must identify applicants by their biological sex at birth ('M' or 'F').
- Previous Policy (Biden Admin)
- The State Department issued 'X' gender marker passports for nonbinary, intersex, and gender non-conforming individuals starting October 2021.
- Legal Challenge
- The American Civil Liberties Union (ACLU) challenged the policy.
- Lower Court Rulings
- A district court ordered the State Department to resume issuing 'X' passports; an appeals court denied the Trump administration's bid to overturn this order.
- Supreme Court Order
- Issued an emergency stay allowing the policy to remain in place while the case proceeds.
- Dissenting Justices
- Three liberal justices dissented from the Supreme Court's unsigned order.
Sources
US Supreme Court Allows Trump Admin To Bar Trans People From Choosing Gender On Passports
US Supreme Court allows Trump Admin to enforce passport policy restricting transgender and nonbinary gender markers
US Top Court Backs Trump On Transgander, Non-Binary Passport Rules
US Supreme Court lets Trump block passport sex markers for transgender people – Firstpost
US Supreme Court Lets Trump Block Transgender, Nonbinary People From Choosing Gender On Passports
