The United States Supreme Court has delivered a significant ruling concerning gender identity and official documentation. The court has permitted the administration of President Donald Trump to implement a policy that prevents transgender and nonbinary individuals from selecting passport gender markers that align with their identity.
A Reversal of Policy
This decision, issued on Thursday, came as a response to an emergency request from the Trump administration. The justices' unsigned order effectively halts a policy that was introduced during President Biden's term. The Biden-era rule had allowed passport applicants to choose an "X" gender marker or self-select male or female without needing to provide medical proof of a gender transition.
The court justified its stance by comparing the gender marker to other biographical data. "Displaying passport holders' sex at birth no more offends equal protection principles than displaying their country of birth—in both cases, the Government is merely attesting to a historical fact without subjecting anyone to differential treatment," the order stated.
Dissent and Legal Challenges
The ruling was not unanimous. The three liberal justices on the conservative-majority court dissented. In her dissenting opinion, Justice Ketanji Brown Jackson argued that the government had not demonstrated it would suffer harm from a temporary injunction, while the plaintiffs faced imminent and concrete injury.
The policy was challenged by several transgender people, including Ashton Orr, a transgender man from West Virginia who is the named plaintiff. The plaintiffs argued that the rule violated their right to equal protection under the Constitution's Fifth Amendment and the Administrative Procedure Act. A federal judge in Massachusetts had previously ruled against the administration, a decision that the 1st U.S. Circuit Court of Appeals declined to pause.
Reactions and Implications
The decision has sparked strong reactions from both sides. Attorney General Pam Bondi celebrated the outcome, stating on social media that it reflects the administration's view that "there are two sexes."
Conversely, advocates for transgender rights expressed profound disappointment. Jon Davidson, a lawyer with the American Civil Liberties Union, called the ruling a "heartbreaking setback for the freedom of all people to be themselves." He further stated that it adds fuel to a fire being stoked against the constitutional rights of transgender people.
This ruling effectively reinstates a policy announced by President Trump on his first day in office, January 20, which rolled back the more inclusive Biden rule. It means that even transgender individuals who have fully medically transitioned will be unable to obtain a passport with a gender marker that corresponds to their identity, reverting to a system that relies on the sex assigned at birth.
