Administration of Trump seeks permission from the Supreme Court to enforce restrictions on passport sex identifications
The Trump administration has appealed a pair of rulings from U.S. District Judge Julia Kobick in Massachusetts, seeking to enforce a policy that restricts sex designations on passports to "male" and "female." The government's appeal, which challenges Kobick's decision to require passports to include the gender option "X" beyond just "male" and "female" based on birth designation, is currently under review by the First Circuit Court.
Solicitor General D. John Sauer claims the new policy is "eminently lawful." The administration's filing argues that the Constitution does not prohibit the government from defining sex in terms of an individual's biological classification. The government is also challenging Kobick's subsequent granting of class certification in the case.
The plaintiffs, in part, are represented by the American Civil Liberties Union (ACLU). The ACLU is committed to defending the rights of transgender, nonbinary, and intersex citizens, including the freedom to travel safely and the freedom of everyone to be themselves without wrongful government discrimination. Jon Davidson, the ACLU's senior counsel, has commented on the filing, stating that it is an unjustifiable and discriminatory action that restricts the essential rights of transgender, nonbinary, and intersex citizens.
Judge Kobick's initial injunction was issued after finding the plaintiffs were likely to succeed on the argument that the policy is based on irrational prejudice toward transgender Americans. An earlier injunction was issued earlier this year allowing the 2021 policy, which allowed transgender and nonbinary individuals to self-select their gender, to continue by a lower court.
The federal appeals court's decision to reject the administration's request for a stay of the district judge's injunction is still pending. The administration has had greater success with such requests to the Supreme Court compared to the federal appeals court. Notably, the conservative majority Supreme Court has sided with the administration in an emergency ruling 18 times since Trump retook office in January, while rejecting the administration's requests only twice.
The filing seeks a stay of the order pending the consideration and disposition of the government's appeal to the First Circuit Court and any further review by the Supreme Court. The outcome of this case could have significant implications for the rights of transgender, nonbinary, and intersex individuals in the United States.
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