Supreme Court lets Trump block transgender and nonbinary people from choosing passport sex markers
Source: AP
Updated 5:15 PM EST, November 6, 2025
WASHINGTON (AP) The Supreme Court on Thursday allowed President Donald Trumps administration to enforce a policy blocking transgender and nonbinary people from choosing passport sex markers that align with their gender identity.
The decision is Trumps latest win on the courts emergency docket, and allows the administration to enforce the policy while a lawsuit over it plays out. It halts a lower-court order requiring the government to keep letting people choose male, female or X on their passport to line up with their gender identity on new or renewed passports. The courts three liberal justices dissented.
The high court has sided with the government in nearly two dozen short-term orders on a range of policies since the start of Trumps second term, including another case barring transgender people from serving in the military.
In a brief, unsigned order, the conservative-majority court said the policy isnt discriminatory. Displaying passport holders sex at birth no more offends equal protection principles than displaying their country of birth, it said. In both cases, the Government is merely attesting to a historical fact without subjecting anyone to differential treatment.
Read more: https://apnews.com/article/trump-transgender-nonbinary-passport-sex-marker-5040c6412e06a072889af30cfae97462
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Article updated.
Original article -
WASHINGTON (AP) -- The Supreme Court on Thursday allowed President Donald Trump's administration to enforce a policy blocking transgender and nonbinary people from choosing passport sex markers that align with their gender identity.
The decision by the high court's conservative majority is Trump's latest win on the high court's emergency docket, and it means his administration can enforce the policy while a lawsuit over it plays out. It halts a lower-court order requiring the government to keep letting people choose male, female or X on their passport to line up with their gender identity on new or renewed passports.
The State Department changed its passport rules after Trump, a Republican, handed down an executive order in January declaring the United States would "recognize two sexes, male and female," based on birth certificates and "biological classification." Transgender actor Hunter Schafer, for example, said in February that her new passport had been issued with a male gender marker, even though she's marked female on her driver's license and passport for years.
The plaintiffs argue that passports limited to the sex listed on a birth certificate can spark harassment or even violence for transgender people.
riversedge
(78,834 posts)BumRushDaShow
(163,346 posts)while "the lower court cases play out" as they claim.
They are getting more and more push back from lower court judges about this rogue practice of using the "shadow docket" (emergency appeals) to allow and promote the lawless behavior exclusively to benefit 45, when in the past they only rarely intervened to such a degree.
chowder66
(11,568 posts)hlthe2b
(112,136 posts)That can be gaining or losing a LOT of weight, a passport picture that is near expiration (10 years), and thus the photo does not match an aging person's current appearance, or as is absolutely going to be the case with transgender individuals, gender identity that does not seemingly match the person presenting, NOR their (even recent) passport photo gender.
They can make these poor people's lives miserable. (Cruelty is the point).
spanone
(140,673 posts)Making America less free.
BlueKota
(4,904 posts)with their puppet masters. I know it will never happen but if there was true justice they would be.
littlemissmartypants
(30,897 posts)intheflow
(29,876 posts)What is it to them that people chooe their own sex markers? It literally doen't change aything in conservative's lives, they will likely never see a trans person's passport, it doesn't affect the safety of the plane, and honestly, is nobody's fucking business.
Ferrets are Cool
(22,466 posts)Shrek
(4,371 posts)Its purpose is just to indicate U.S. citizenship, correct?