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Supreme Court allows Trump to limit passport sex markers for trans and nonbinary Americans

  • On Thursday, the US Supreme Court allowed the Trump administration to enforce rules requiring U.S. passports to display biological sex at birth, blocking transgender and nonbinary people from choosing gender-aligned markers.
  • President Donald Trump ordered on Jan. 20 that government IDs, including passports, reflect sex assigned at birth, prompting the State Department to change passport rules accordingly.
  • Since 1992, the State Department allowed sex marker changes with doctor certification, and President Joe Biden added the 'X' gender marker in 2021; plaintiffs argue limiting markers to birth sex causes harassment and harms travel safety.
  • By a 6-3 vote, justices allowed the Trump administration to enforce its passport policy while litigation continues in lower courts, removing the 'X' gender marker and putting injunctions on hold.
  • Jon Davidson warned, `'Forcing transgender people to carry passports that out them against their will increases the risk that they will face harassment and violence and adds to the considerable barriers they already face in securing freedom, safety, and acceptance. We will continue to fight this policy and work for a future where no one is denied self-determination over their identity,' Davidson said.
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Politico broke the news in on Thursday, November 6, 2025.
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