Trump petitions the Supreme Court for authorization to implement passport regulations concerning transgender and nonbinary individuals' identities
The Trump administration has asked the Supreme Court to temporarily suspend a lower court order that allows the use of gender or 'X' identification markers on passports. This comes as the government seeks to enforce a policy that requires sex designations to match birth certificates on passports.
The dispute is centered around the government's argument that it should not be required to use sex designations it deems inaccurate on official identification documents. The lower court, however, has issued an order allowing the use of gender or 'X' identification markers that align with an individual's gender identity.
The State Department changed its passport application processing to recognize only two sexes, male and female, based on an individual's biological classification, following an executive order issued by Trump in January. This new policy has been challenged in court, with a judge blocking the new policy in June following a court challenge by transgender and nonbinary people.
Some transgender and nonbinary individuals have reported having their applications returned with changed gender designations under the new policy. Hunter Schafer, an actor, received a passport with a male gender marker despite having had female gender markers on her driver's license and passport since her teenage years.
The lawsuit challenging the passport policy for transgender and nonbinary individuals is ongoing. Lambda Legal, a civil rights organization, has filed an appeal against the Trump administration's injunction on the passport policy requiring binary gender markers matching birth certificates. The Justice Department has also appealed the lower-court order that allowed the use of the gender or 'X' identification marker.
The Supreme Court is being asked to consider whether to temporarily suspend the judge's order while the lawsuit proceeds. The case involves a dispute over the use of gender or 'X' identification markers on passports, a matter of significant importance for transgender and nonbinary individuals who fear the new policy may prevent them from obtaining passports that accurately reflect their gender identity.
As the case progresses, it remains to be seen whether the Supreme Court will grant the Trump administration's request to temporarily halt the use of gender or 'X' identification markers that align with an individual's gender identity, or whether it will uphold the lower court's order allowing for such markers.
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