What's happened
The US Supreme Court's conservative majority has temporarily halted a lower court order requiring the State Department to allow gender marker choices beyond male, female, or X on passports. This allows the enforcement of a policy recognizing only two sexes, based on biological classification, while legal challenges continue. The decision impacts transgender and nonbinary travelers.
What's behind the headline?
The Supreme Court's decision underscores the ongoing political and legal debate over transgender rights and federal authority. The conservative majority's move to halt the lower court order reflects a broader trend of restricting recognition of gender identity in federal documents. This ruling benefits those advocating for a strict biological basis for sex classification, aligning with recent conservative judicial decisions, including the upholding of bans on transition-related healthcare for minors. However, it risks increasing safety concerns for transgender and nonbinary individuals who rely on accurate identification for travel and safety. The decision signals that the legal battle over gender recognition in federal documents will continue, with potential long-term implications for civil rights and federal policy.
What the papers say
The Independent reports that the Supreme Court's conservative majority has allowed the enforcement of the policy recognizing only two sexes, based on biological classification, while legal challenges continue. The court's decision was a win for the Trump administration's approach, which aims to restrict gender markers on passports. AP News highlights that the decision was a setback for transgender advocates, noting that the court's three liberal justices dissented. Both sources emphasize that the policy change reverses previous efforts under Biden to allow nonbinary options and gender marker flexibility, citing concerns over safety and identification accuracy. The sources also point out that the legal arguments hinge on Congress's authority over foreign affairs and the president's control over passport policies, with critics warning of increased harassment and violence against transgender travelers.
How we got here
The US State Department changed passport rules after President Trump issued an executive order in January 2025, declaring only two sexes based on birth certificates and biological classification. This reversed previous policies allowing nonbinary options and gender marker changes without medical documentation, which had been established under prior administrations. Legal challenges from transgender and nonbinary individuals argued that limiting passports to sex on birth certificates could lead to harassment and violence, prompting court cases and temporary injunctions. The Biden administration had previously removed documentation requirements, but the Trump-era policy has now been reinstated temporarily by the Supreme Court.
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