Supreme Court Allows Enforcement of Passport Sex Designation Policy

The U.S. Supreme Court has permitted the Trump administration to enforce a policy requiring passport applicants to list the sex assigned at birth, rather than their gender identity. This decision temporarily lifts an earlier injunction from Judge Julia Kobick, who had ruled the policy likely discriminates against transgender individuals and violates constitutional protections. The policy reverses precedents set under previous administrations, including the Biden-era rules that permitted self-identification of gender, including a nonbinary “X” marker.

The 6-3 conservative-majority Supreme Court issued its order unsigned, though liberal Justices Jackson, Sotomayor, and Kagan publicly dissented, highlighting the harm to vulnerable transgender individuals. Critics argue the policy exposes transgender people to discrimination, harassment, and mistreatment when traveling.

This is part of a broader series of measures under President Trump, since his return to office in January, targeting transgender rights, including bans on transgender military service members and cuts to LGBT-related NIH research. The administration argues that passports are government property and must reflect "biological sex." The legal challenge is ongoing, with appeals pending.