The U.S. Supreme Court has allowed the Trump administration to reinstate a policy requiring that the sex listed on American passports must match an individual’s biological sex at birth. The unsigned order, issued late Thursday, temporarily reverses a lower-court decision that had blocked the rule and marks another turning point in the nation’s ongoing debate over gender identity and government recognition.
A Policy With Far-Reaching Impact
The ruling means that, for now, Americans can no longer request a gender marker that differs from the sex listed on their birth certificate. The State Department has also removed the “X” gender option, which was first introduced in 2021 under President Biden to accommodate nonbinary and intersex citizens.
In practical terms, this means new passport applicants — and those renewing — must choose either “M” or “F,” corresponding to their biological sex.
The decision has prompted relief from conservative supporters who see the move as restoring “clarity and biological reality” in federal records, while many transgender and nonbinary Americans say it strips them of dignity, safety, and recognition.
What the Court Said
In its brief statement, the Court wrote that showing a traveler’s sex at birth “no more offends equal-protection principles than displaying their country of birth.” The majority framed the issue as one of historical recordkeeping, not discrimination.
Justice Ketanji Brown Jackson, joined by the Court’s two other liberal justices, issued a sharp dissent. She called the decision a “senseless sidestepping of the obvious equitable outcome,” warning that it would cause “immediate injury without adequate justification.”
Because the order was issued on the Court’s emergency docket, it is temporary — the case will continue through the lower courts. But for now, the Trump policy is in effect nationwide.
How We Got Here
The State Department first began listing sex markers on passports in 1976. In 1992, applicants were allowed to update those markers with medical documentation. Nearly 30 years later, the Biden administration went further, removing medical requirements and adding the “X” option for those who did not identify strictly as male or female.
Earlier this year, President Trump reversed both changes, arguing that federal identification should reflect “biological fact” rather than “self-declared identity.” The move was part of a broader directive known as Executive Order 14168, which ordered federal agencies to recognize only two sexes — male and female — in all official documents.
Civil rights groups swiftly challenged the order. A Massachusetts federal judge had blocked the rule, calling it discriminatory, but the Trump administration appealed to the Supreme Court — and has now won a temporary reprieve.
Reactions Across the Country
The decision has sparked strong reactions on both sides of the political spectrum.
Supporters, including U.S. Attorney General Pam Bondi, called it “a victory for common sense,” saying it simply upholds factual documentation. “There are two sexes, and our attorneys will continue fighting for that simple truth,” Bondi wrote on social media.
But advocacy groups called the move dangerous and dehumanizing. The American Civil Liberties Union (ACLU) said in a statement:
“Forcing transgender people to carry passports that out them against their will increases their risk of harassment and violence. This is a heartbreaking setback for the freedom of all people to live as themselves.”
Internationally, even U.S. allies are responding. The Canadian government recently warned citizens traveling with “X” gender markers that they may face difficulties entering the United States under the new policy.
What It Means for Travelers
Until the legal battle is resolved, Americans applying for new or renewed passports will need to select either “M” or “F.”
For transgender or nonbinary individuals who already hold a passport marked “X,” it remains unclear whether those documents will be honored through their current validity period or if replacement will be required early.
Legal experts also warn that travelers may face confusion at foreign border checkpoints, where nations differ widely in gender-recognition standards.
A Broader Legal and Cultural Shift
The Supreme Court’s order follows another high-profile case earlier this year that allowed the Trump administration to enforce a ban on transgender military service, pending further litigation. Together, these decisions signal a willingness by the Court to give the administration broad authority over policies defining sex and gender.
For now, lower courts will continue to examine whether the passport rule violates constitutional protections under the Equal Protection Clause of the Fourteenth Amendment.
The Road Ahead
The passport case will likely return to the Supreme Court for a full hearing next year. Until then, the current ruling stands — a temporary but impactful shift for thousands of Americans whose official documents no longer align with their lived identities.
For many, the issue is about more than a travel document. It’s about how their country chooses to recognize them — or refuses to.
As one civil rights attorney put it:
“This isn’t just about passports. It’s about the freedom to exist on paper as who you are in life.”
