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Nov 6, 2025
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Courts Watch

Courts Watch

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Supreme Court Allows Trump's Passport Restrictions Against Transgender

The U.S. Supreme Court on Thursday allowed President Donald Trump’s administration to enforce a policy blocking transgender and nonbinary people from choosing passport sex markers that align with their gender identity.

The decision by the high court’s conservative majority is Trump’s latest win on the high court’s emergency docket, and it means his administration can enforce the policy while a lawsuit over it plays out. It halts a lower-court order requiring the government to keep letting people choose male, female or X on their passport to line up with their gender identity on new or renewed passports.

The State Department changed its passport rules after Trump, a Republican, handed down an executive order in January declaring the United States would “recognize two sexes, male and female,” based on birth certificates and “biological classification.”

A judge blocked the Trump administration policy in June after a lawsuit from nonbinary and transgender people, some of whom said they were afraid to submit applications. An appeals court left the judge’s order in place.

Solicitor General D. John Sauer then turned to the Supreme Court, pointing to its recent ruling upholding a ban on transition-related health care for transgender minors. He also argued Congress gave the president control over passports, which overlap with his authority over foreign affairs.

“It is hard to imagine a system less conducive to accurate identification than one in which anyone can refuse to identify his or her sex and withhold relevant identifying information for any reason, or can rely on a mutable sense of self-identification,” Sauer wrote in court documents.