The U.S. Supreme Court has granted the Trump administration emergency permission to enforce a policy requiring that sex markers on new or renewed passports reflect a person’s biological sex at birth.
Under the policy, the State Department will limit options to “M” or “F” designations, excluding the “X” gender marker previously available to nonbinary and some transgender applicants. The injunction imposed by a lower court was stayed, allowing the administration to implement the rule while legal challenges continue.
In dissent, the court’s liberal justices warned the move could increase safety risks for transgender and nonbinary individuals who say the policy forces them to use documents inconsistent with their identities. The outcome remains provisional pending ongoing litigation.