US Supreme Court lets Trump administration require sex at birth be listed on passports

November 6, 2025

The US Supreme Court has temporarily permitted the Trump administration to enforce a policy requiring new passports to display only biological sex assigned at birth, either male or female, eliminating the previous option for individuals to self-select gender or choose an "X" designation. The conservative-majority court froze a lower court injunction while indicating the administration will likely prevail in the final ruling, with three liberal justices dissenting. This decision affects transgender and nonbinary Americans who argue the policy exposes them to harassment and potential violence by preventing them from displaying their chosen gender identity on official travel documents.

Who is affected

Transgender and nonbinary individuals seeking new or renewed US passports
The seven plaintiffs in the case: transgender activist Ash Lazarus Orr, four other transgender Americans, and two nonbinary individuals
Actor Hunter Schafer, who received a passport listing her gender as male instead of female
Transgender people serving in the military (affected by separate related policy)
Transgender minors seeking certain healthcare
Transgender women participating in women's sports teams

What action is being taken

The Supreme Court is allowing the Trump administration to enforce the biological sex at birth requirement for new passports
The State Department is issuing passports with only male or female designations based on sex recorded at birth
The administration is enforcing its ban on transgender people serving in the military
The administration is pushing for policies to restrict certain healthcare for transgender minors and prevent transgender women from playing on women's sports teams

Why it matters

This decision matters because it represents a significant rollback of transgender rights and self-identification policies, potentially exposing transgender and nonbinary individuals to discrimination, harassment, and violence when their official documents don't match their gender identity. The ruling is part of a broader pattern of the Trump administration systematically dismantling Biden-era policies on transgender rights and diversity initiatives, with the Supreme Court's conservative majority consistently supporting these changes on its emergency docket. The Supreme Court's indication that the administration will "likely succeed on the merits" suggests this policy change may become permanent, fundamentally affecting how transgender Americans navigate international travel and official identification.

What's next

The legal process will continue as the case proceeds through the courts toward a final Supreme Court ruling, with the justices having indicated they are inclined to uphold the requirement permanently when the case reaches them for final decision.

Read full article from source: BBC