The U.S. Supreme Court has permitted the Trump administration to enforce its policy mandating that American passports reflect the holder’s biological sex at birth, overturning a lower court’s injunction. The decision reverses the Biden-era approach of allowing applicants to self-select gender markers, including an “X” option for nonbinary individuals.
The 6-3 ruling, issued by the conservative majority, stated that requiring passports to list biological sex aligns with historical facts and does not violate equal protection principles. It compared the policy to noting a person’s country of birth, arguing both are neutral factual assertions.
The case originated in Massachusetts, where seven transgender and nonbinary plaintiffs challenged the rule, claiming it violated constitutional protections. U.S. District Judge Julia Kobick, a Biden appointee, had previously blocked the policy, citing evidence of discriminatory intent. The Supreme Court’s decision now allows the Trump administration to proceed with implementation as legal battles continue.
Dissenting Justice Ketanji Brown Jackson, also a Biden appointee, warned that the ruling forces transgender Americans to choose between using gender-incongruent passports—risking harassment—or avoiding activities requiring travel documents. Solicitor General D. John Sauer had argued during proceedings that the Constitution does not mandate the government adopt a specific definition of sex.
Supreme Court Allows Trump-Era Passport Policy Requiring Biological Sex at Birth
