Supreme Court Enables Trump to End “X” Gender Marker on Passports

UPDATE: The Supreme Court has just announced a pivotal ruling that allows the Trump administration to enforce its controversial policy eliminating the use of the “X” gender marker on passports. This decision, made on October 19, 2023, means that passports will now reflect only the holder’s biological sex at birth—either “M” or “F.”

This ruling has significant implications for transgender and nonbinary individuals who sought to self-identify on their passports. The Court’s decision effectively freezes a lower court order that had temporarily allowed these individuals to select the “X” designation, which acknowledges nonbinary identities. The Supreme Court’s ruling was divided, with a 6-3 vote, highlighting a stark ideological split among justices, as the three liberal justices dissented.

In their unsigned opinion, the justices stated, “Displaying passport holders’ sex at birth no more offends equal protection principles than displaying their country of birth.” The Court asserted that the government is simply documenting a historical fact, maintaining that this policy does not discriminate against any group.

The Trump administration argued that the lower court’s ruling from a Massachusetts District Judge, Julia Kobick, interfered with the president’s foreign policy powers. Kobick had previously issued an injunction in which she described the new passport policy as discriminatory against transgender individuals. Her ruling had allowed applicants to select a gender marker that aligned with their gender identity.

The urgency of this situation is heightened as the Trump administration’s policy reverses changes made during the Biden administration that allowed more inclusive options for passport applicants. Previously, the State Department had adopted a policy enabling individuals to self-select their sex marker, including the “X” designation for nonbinary individuals.

Following the Supreme Court’s ruling, the State Department has ceased issuing passports with the “X” marker and now mandates that applications reflect the sex indicated on birth certificates. This shift has prompted a backlash from advocacy groups, with seven transgender and nonbinary individuals filing a lawsuit against the administration earlier this year, claiming the updated policy violates federal laws.

The implications of this ruling resonate far beyond just passport applications. It raises critical questions about identity and representation in government documents, impacting the ability of countless individuals to travel safely and with dignity. Advocates argue that the policy will result in further marginalization of transgender and nonbinary communities, who have long fought for recognition and respect.

As the situation develops, all eyes will be on how the Trump administration implements this policy and whether further legal challenges will arise. The emotional weight of this ruling has already sparked widespread discussion across social media, with many advocating for the rights of transgender and nonbinary people.

Stay tuned for more updates on this evolving story, as the implications of the Supreme Court’s decision continue to unfold.