Trump petitions the Supreme Court to sanction his transgender and nonbinary passport regulations enforcement
The Trump administration's Department of Justice, under Attorney General William Barr, has filed a legal motion to change the passport rules for transgender and nonbinary people. The motion, penned by Solicitor General D. John Sauer, argues that the Constitution does not prohibit the government from defining sex based on an individual's biological classification.
This move is part of a series of emergency appeals, many of which have resulted in victories amid litigation, such as the Trump administration's policy on transgender people serving in the military. The policy has been challenged in court, with the plaintiffs claiming it violates the rights of transgender and nonbinary Americans.
In June, a judge blocked the Trump administration policy after a lawsuit from nonbinary and transgender people. However, an appeals court has left the judge's order in place, and the Trump administration has asked the Supreme Court to put the order on hold regarding the passport policy for transgender and nonbinary people.
The government argues it cannot be required to use sex designations it considers inaccurate on official documents. This stance has been met with criticism from Jon Davidson, senior counsel for the LGBTQ & HIV Project at the American Civil Liberties Union. Davidson stated that the administration has taken steps to limit transgender people's rights under the Constitution. He also expressed commitment to defending those rights.
One example of the controversy surrounding the policy is the case of transgender actor Hunter Schafer, who received a passport with a male gender marker despite previously using a female gender marker on her driver's license and passport. An attorney for the plaintiffs argued that the passport rules are discriminatory.
Sauer pointed to the Supreme Court's recent ruling upholding a ban on transition-related health care for transgender minors as supporting the Trump administration's decision to change passport rules issued in 2021. However, the Supreme Court has not yet made a decision on the request to put the order on hold.
The State Department changed its passport rules after President Trump issued an executive order in January stating that the United States would recognize only two sexes, male and female. The Justice Department is appealing a lower-court order that allowed people to use the gender or 'X' identification marker that aligns with their gender identity.
Davidson, in response, stated that the administration is attempting to erase the identities of transgender and nonbinary people. He reiterated the ACLU's commitment to defending the rights of these individuals and ensuring that they are treated with the respect and dignity they deserve.
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