Supreme Court Permits Trump's Passport Gender Policy
The Supreme Court allowed President Trump to enforce his policy requiring passport applicants to list their sex as stated on their birth certificates. This ruling permits the policy to take effect while related legal challenges continue in lower courts.
Background on Passport Gender Markers
Since 1976, passports have included male and female sex markers. For over 30 years, citizens could request a passport reflecting their gender identity rather than the sex on their birth certificate. The option to select an "X" gender marker was introduced in 2021 during President Biden's administration.
Legal Challenge and Arguments
A national group of plaintiffs, led by Ashton Orr, a transgender man, challenged Trump's policy. Orr was previously accused of carrying a fake passport after traveling with a passport showing a female sex marker. The plaintiffs argued the policy would:
- Negatively affect transgender and non-binary individuals
- Undermine the government's ability to identify citizens
- Reflect unconstitutional transphobia violating the Fourteenth Amendment's equal protection clause
"Trump's policy would hurt transgender and non-binary individuals, harm government identification, and violate the Fourteenth Amendment's guarantee to equal protection of the law."
Current Status
The Supreme Court's decision temporarily reverses a lower court order that blocked Trump's policy and allowed applicants to choose between M, F, or X markers on passports.
Author's Summary
The Supreme Court's temporary approval of Trump's passport gender policy sparks ongoing debate over legally recognized gender identity and constitutional protections for transgender and non-binary people.
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