The Supreme Court of the United States allowed a federal policy to take effect requiring U.S. passports to list sex designations consistent with biological sex assigned at birth. The decision came through the Court’s emergency docket and represents a temporary ruling while lower courts continue reviewing the case. The policy was challenged by advocates who argued it violates constitutional protections and discriminates against transgender and nonbinary Americans.
Justice Ketanji Brown Jackson issued a dissent, joined by the Court’s other liberal justices, expressing concern about the immediate impact of the decision. Civil rights groups, including the American Civil Liberties Union, criticized the ruling, stating it could increase risks of harassment and discrimination for transgender individuals. Supporters of the policy argued that passport sex markers reflect administrative definitions and apply equally under federal guidelines.
The dispute follows earlier changes to passport rules. U.S. passports have included sex markers since 1976. In 1992, applicants were allowed to update those markers with medical documentation. In 2021, a previous administration introduced an “X” option for nonbinary and intersex individuals, which the current policy now removes. The administration contends that the updated rule aligns identification documents with biological classification standards.
The case remains active in the lower courts, meaning the Supreme Court’s action does not represent a final ruling on the underlying constitutional questions. Separate recent emergency decisions have also allowed other federal policies to proceed while litigation continues. Additional judicial review will determine the long-term outcome of the passport requirement and related legal challenges.
