Supreme Court Allows Enforcement of Passport Policy Requiring Sex Designation at Birth

The U.S. Supreme Court has permitted the Trump administration to enforce a policy requiring that U.S. passports reflect the sex assigned at birth, reversing previous allowances for gender identity-based designations.

In a 6-3 decision, the Court lifted a lower court's injunction that had blocked the policy's implementation. The majority stated that listing sex at birth on passports is comparable to listing one's country of birth, both being historical facts. The unsigned order noted, "Displaying passport holders' sex at birth no more offends equal protection principles than displaying their country of birth."

The three dissenting justices expressed concern that the policy could expose transgender individuals to increased risks. Justice Ketanji Brown Jackson wrote, "This Court has once again paved the way for the immediate infliction of injury without adequate (or, really, any) justification."

The policy stems from an executive order signed by President Trump in January, which mandates that federal documents, including passports, reflect only male or female designations based on birth certificates. This order reversed a previous policy that allowed individuals to select a gender marker aligning with their gender identity, including an "X" option for nonbinary individuals.

Critics argue that the policy could lead to harassment and discrimination for transgender and nonbinary individuals during travel. The American Civil Liberties Union and other advocates have denounced the ruling as a setback for LGBTQ+ rights and safety.