Trump administration asks Supreme Court to intervene in dispute over sex markers on passports

Source: CBS News

Updated on: September 19, 2025 / 12:46 PM EDT


Washington — The Trump administration on Friday asked the Supreme Court to allow it to enforce for now its policy ending the use of the "X" marker on passports and requiring the documents to reflect the passport-holder's "biological sex at birth," changes that affect transgender and nonbinary Americans.

The high court's emergency appeal seeks to lift a lower court order that prevented the State Department from enforcing the policy, which was put into place after President Trump returned to the White House in January. The court order allowed transgender or nonbinary people seeking passports to self-select the sex designation — "M," "F" or "X" — that aligns with their gender identity. The policy from Mr. Trump was a reversal from the Biden administration, which allowed the selection of M, F or X. The X marker was intended for passport applicants who are nonbinary, or those who don't identify as strictly male or female.

Under an executive order signed by Mr. Trump earlier this year, "sex" was defined as an "individual's immutable biological classification as either male or female." It directed the State Department to make changes to require that government-issued documents like passports "accurately reflect the holder's sex," effectively prohibiting the government from allowing applicants to choose a sex marker based on their gender identity.

In the wake of that directive, the State Department stopped issuing passports with the X marker and changed applications to offer only the M or F markers. It also adopted procedures for using an applicant's sex that matches their birth certificate or other documents.

Read more: https://www.cbsnews.com/news/trump-supreme-court-passport-gender-markers/