The U.S. Supreme Court on Thursday allowed President Donald Trump’s administration to enforce a policy that blocks transgender and nonbinary Americans from choosing passport sex markers that match their gender identity.
The ruling, issued by the court’s conservative majority, marks another legal victory for Trump on the high court’s emergency docket. It temporarily halts a lower court’s order that required the State Department to continue offering male, female, or X gender options on passports while a lawsuit over the policy proceeds.
The State Department revised its rules following an executive order signed by Trump in January, which directed that the United States would “recognize two sexes, male and female,” based solely on biological classification and birth certificates.
Critics say the move undermines years of progress in identity recognition. “By classifying people based on sex assigned at birth and exclusively issuing sex markers on passports based on that sex classification, the State Department deprives plaintiffs of a usable identification document and the ability to travel safely,” attorneys for the plaintiffs wrote in court documents.
Among those affected is transgender actor Hunter Schafer, who revealed in February that her new passport listed a male gender marker despite her previous passport and driver’s license showing female.
The State Department’s earlier policy, implemented under President Joe Biden in 2021, had allowed nonbinary citizens to select an “X” marker without providing medical documentation — a change praised by advocacy groups as a milestone for gender inclusivity.
A federal judge blocked Trump’s new policy in June following a lawsuit from transgender and nonbinary applicants who said the restriction exposed them to harassment and violence. The appellate court upheld that decision, prompting Solicitor General D. John Sauer to appeal to the Supreme Court.
Sauer cited the administration’s authority over foreign affairs and passport issuance, arguing that unrestricted gender markers would create confusion. “It is hard to imagine a system less conducive to accurate identification than one in which anyone can refuse to identify his or her sex,” he wrote in a filing.
The policy now remains in effect while the legal challenge continues, leaving thousands of applicants uncertain about their passport status and reigniting a nationwide debate over gender recognition and civil rights.
