Executive Summary
The Story So Far
Why This Matters
Who Thinks What?
The Trump administration has formally requested the Supreme Court to permit it to restrict passport sex markers for transgender and nonbinary individuals, marking the latest attempt to involve the justices in disputes over policies targeting LGBTQ+ Americans. This move seeks to reverse changes made during the Biden administration that allowed individuals to select “X” as their gender marker on U.S. passports.
Policy Reversal and Legal Challenges
President Trump had previously issued an executive order asserting that only two sexes exist and are unchangeable. Following this, the State Department suspended the processing of passport applications seeking the “X” gender marker, effectively reversing accommodations for non-binary, intersex, and gender non-conforming persons that had been in place since April 2022.
This policy change quickly led to legal challenges. A federal judge in Massachusetts subsequently issued a nationwide injunction, blocking the government from enforcing the restrictive policy. The legal battle has since escalated, with the Trump administration now appealing to the nation’s highest court.
Arguments Before the Supreme Court
In its filing, the solicitor general argued that lower courts made errors by scrutinizing the policy under a heightened level of judicial review. The administration contends that the rulings blocking the policy are inconsistent with a prior Supreme Court decision, which bolstered conservative state lawmakers’ efforts to enact and maintain laws affecting transgender Americans.
The solicitor general further asserted that the Supreme Court’s precedent “makes clear that the challenged policy does not discriminate based on sex.” This argument forms a central part of the administration’s case to reinstate its policy limiting gender marker choices on passports.
Ongoing Legal Battle
The Supreme Court’s decision on whether to take up the case will have significant implications for the rights of transgender and nonbinary Americans seeking to accurately reflect their gender identity on official documents. The request underscores the ongoing legal and political contention surrounding LGBTQ+ policies in the United States.
