The Supreme Court Allows Trump to Eliminate Passports That Do Not Match Birth Gender

The conservative-dominated U.S. Supreme Court approved on Thursday the Trump administration's ban on issuing passports that display an 'X' gender or a gender different from that assigned at birth for transgender individuals or those identifying as non-binary.

On January 20, the day of his inauguration, Donald Trump signed an executive order stating that his administration would only recognize two sexes, male and female, defined at birth.

This move reversed a reform introduced by his Democratic predecessor, Joe Biden. The U.S. State Department subsequently announced it would stop issuing passports with the 'X' gender or any gender different from the holder's birth gender.

This decision was challenged in court and was initially suspended in June, then again in September.

On Wednesday, the Supreme Court lifted this suspension against the advice of the three progressive justices (out of a total of nine).

"Displaying the passport holder's sex at birth does not violate the principles of equality before the law any more than displaying their country of birth; in both cases, the government is merely certifying an established fact," the court stated.

The influential civil rights organization ACLU, involved in the proceedings, sees this decision as "a setback for the rights of all individuals to be themselves," criticizing it for "fueling the fire that the Trump administration has stoked against transgender individuals and their constitutional rights."

The first American passport with an 'X' gender was issued in October 2021 by the State Department for "non-binary, intersex" individuals and, more broadly, those who do not identify with the gender criteria previously offered.

The rights of transgender individuals are a major theme in the societal wars that divide the United States. Donald Trump made it one of the focal points of his 2024 campaign, promising to end "transgender madness."

Since his return to power, he has rolled back several advancements made by transgender individuals.

He has ordered the exclusion of transgender individuals from the military and allowed federal agencies to cut funding to schools that permit transgender athletes to compete in women's championships.

The Supreme Court has temporarily authorized the Trump administration to exclude transgender individuals from the military, pending a decision on the merits of the case.

It is also expected to rule in the coming months on the participation of transgender individuals in women's sports competitions.