Supreme Court Upholds Trump Policy Ending “X” Passports Now

UPDATE: The Supreme Court has just announced a decision that allows the Trump administration to enforce its controversial policy ending the use of the “X” gender marker on U.S. passports. This ruling, confirmed earlier today, mandates that passports must reflect the holder’s biological sex at birth, creating immediate implications for transgender and nonbinary individuals.

In a split 6-3 ruling, the high court has frozen a lower court order that had blocked the State Department from implementing this policy, originally enacted by President Trump earlier this year. This decision could significantly impact countless individuals who identify outside the traditional male and female binary, as it restricts their ability to self-select their gender designation on passports.

The justices stated that the Trump administration is likely to prevail in the case, emphasizing that displaying a passport holder’s biological sex does not violate equal protection principles. The court noted, “Displaying passport holders’ sex at birth no more offends equal protection principles than displaying their country of birth.”

This ruling means that the State Department will no longer issue passports with the “X” marker—introduced under the Biden administration to accommodate nonbinary individuals. Instead, applicants must choose between “M” or “F,” effectively sidelining the identities of many who do not fit within these categories.

Legal representatives for the Trump administration argued that the changes made by the Massachusetts district court impeded the executive branch’s authority over foreign affairs. Solicitor General D. John Sauer stated that “private citizens cannot force the government to use inaccurate sex designations on identification documents.” This viewpoint highlights the administration’s stance that identification must align with biological classifications.

The policy shift has faced fierce opposition. Seven transgender and nonbinary individuals filed a lawsuit in February 2023, claiming that the new passport rules are unconstitutional. U.S. District Judge Julia Kobick ruled in their favor, stating that the State Department failed to justify the policy change and appeared to discriminate against transgender Americans. She called the executive order an outright rejection of transgender identity, stating, “Viewed as a whole, the language of the Executive Order is candid in its rejection of the identity of an entire group.”

Despite Judge Kobick’s ruling, the Supreme Court’s latest decision allows the Trump administration to proceed with its directive, which demands that passports reflect an applicant’s sex as assigned at birth. The implications of this move are profound, raising questions about identity, equality, and the rights of transgender individuals in the United States.

What happens next is critical. The Supreme Court’s action indicates that the legal battle over this policy is far from over. As further challenges are likely, individuals advocating for gender identity rights will closely watch how this ruling influences future legal landscapes.

As the situation continues to develop, this ruling marks a significant moment in the ongoing dialogue around identity and government policy, with immediate repercussions for those seeking to travel under their authentic gender identity. Stay tuned for updates as this story unfolds.