Supreme Court lets Trump block transgender and nonbinary passport gender markers
The Supreme Court of the United States has allowed the Donald Trump-led administration to enforce a policy that prevents transgender and nonbinary individuals from choosing passport sex markers aligned with their gender identity.
The decision, issued as a brief unsigned order, halts a lower court’s ruling that had permitted applicants to select “M”, “F” or “X” on their passports to match their gender identity. In its reasoning, the Court majority asserted that listing a person’s sex at birth is akin to indicating a country of birth, thus not a violation of equal-protection principles.
The policy in question stems from an executive order signed by Trump in January 2025 that defined only two sexes male and female based on birth certificates and “biological classification”, and prohibited recognition of nonbinary markers on federal documents including passports.
Dissenting justices strongly objected, warning that forcing transgender and nonbinary people to carry passports that do not reflect their identity exposes them to heightened risks of harassment, discrimination, and violence. The decision means the policy will remain in effect while the legal challenges work their way through the courts.
