TBA Law Blog


Posted by: Azya Thornton on Nov 7, 2025

The Supreme Court has allowed the Trump administration to enforce a policy blocking transgender and nonbinary individuals from choosing passport sex markers that match their gender identity, SCOTUSblog reports. The ruling halts a lower court order that required the government to let people select "male," "female" or "X" on new and renewed passports to reflect their gender identity. It permits the administration to continue enforcing its policy while a lawsuit over the issue moves through the courts. The lawsuit argues that listing the sex assigned at birth on passports could lead to harassment or violence against transgender people. The court found that the State Department’s policy does not appear to discriminate against transgender individuals and “attests to a historical fact.”