Supreme Court Allows Trump to End “X” Gender Marker on Passports

URGENT UPDATE: The Supreme Court has just allowed the Trump administration to enforce its controversial policy ending the use of the “X” gender marker on U.S. passports. This significant ruling, issued on July 27, 2023, freezes a lower court’s injunction that had temporarily permitted transgender and nonbinary individuals to select their gender designation freely.

This landmark decision is poised to impact thousands of passport applicants, as it mandates that passports reflect the holder’s “biological sex at birth,” eliminating the option for individuals to self-identify with an “X” marker. The ruling marks a decisive moment in the ongoing debate over gender identity and government documentation.

The Supreme Court’s decision, which appeared to split 6-3 in favor of the Trump administration, underscores the administration’s argument that the policy is in line with historical precedent. In an unsigned opinion, the court stated that displaying individuals’ sex at birth “does not offend equal protection principles,” likening it to displaying a person’s country of birth.

“We are confident that this policy aligns with the Constitution,” said Solicitor General D. John Sauer in his filing with the court, emphasizing that the government has the right to define sex in biological terms. This ruling comes after a February 2023 lawsuit filed by seven transgender and nonbinary individuals, who argued that the policy was unconstitutional and discriminatory, violating federal law.

U.S. District Judge Julia Kobick had previously sided with the plaintiffs, stating that the Trump administration’s policy was motivated by animus toward transgender individuals. She ruled in April that the State Department must allow passport applicants to self-select their sex designation, including the “X” marker, which was introduced under the Biden administration.

As the implications of this ruling settle in, advocates for transgender rights express deep concern. They argue that restricting passport designations to “M” and “F” not only erases the identities of nonbinary individuals but also places them at risk while traveling. “By enforcing these outdated definitions, the government is depriving us of a safe and usable form of identification,” one plaintiff stated.

The Trump administration’s policy had been implemented as part of a broader agenda to redefine gender in governmental documents, reversing the previous administration’s more inclusive approach. The State Department has already halted the issuance of passports with the “X” marker and is now only offering “M” and “F” designations. This shift has significant consequences for individuals whose gender identity does not conform to their assigned sex at birth.

Next, all eyes will be on the ongoing legal battle as the plaintiffs continue to challenge the ruling. Legal experts predict that further appeals and litigation are likely, which could lead to additional scrutiny of the government’s policies surrounding gender identity and documentation.

As developments unfold, this ruling highlights the urgent and evolving conversation around gender identity in America. The decision impacts not just the legal landscape but the lives of countless individuals navigating their identities in a society that continues to grapple with these issues.

Stay tuned for further updates on this developing story as the implications of this ruling ripple through the legal and social fabric of the nation.