The Supreme Court, in a 6-3 decision on Thursday, allowed President Trump to enforce a new policy that has ended the use of the “X” marker on passports.
The high court issued the decision in an unsigned order.
President Trump signed an executive order shortly after his inauguration, which directed agencies like the State Department and Homeland Security to issue IDs, including passports, visas, and Global Entry cards, based solely on biological sex assigned at birth.
This reversed prior allowances for self-selected genders, including “X” for unspecified.
The anti-American ACLU represented transgender individuals who sued over the Trump Administration’s passport policy.
Two liberal district court judges struck down the Trump Administration’s new passport policy.
“The President’s choice to revert to prior policy and rely on biological sex—a choice that bound the State Department—should be the last place for novel equal-protection claims or Administrative Procedure Act objections,” DOJ Solicitor General John Sauer wrote in a petition to the Supreme Court.
On Thursday, the Supreme Court upheld the Trump Administration’s passport policy and allowed the State Department to mandate biological sex on passports.
“Displaying passport holders’ sex at birth no more offends equal protection principles than displaying their country of birth—in both cases, the Government is merely attesting to a historical fact without subjecting anyone to differential treatment,” the Supreme Court said.
Liberal Justice Ketanji Brown Jackson, with whom Justice Sotomayor and Justice Kagan joined, dissented.
“As is becoming routine, the Government seeks an emergency stay of a District Court’s preliminary injunction pending appeal. As is also becoming routine, this Court misunderstands the assignment,” Ketanji Brown Jackson wrote.
“Here, the balance-of-the-equities factor requires weighing the harm to the Government from not being able to proceed immediately with its allegedly unlawful policy against the harm to the individuals who would be subjected to that policy,” she added.
Bondi celebrated the latest SCOTUS win.
“Today’s stay allows the government to require citizens to list their biological sex on their passport,” Bondi said.
“In other words: there are two sexes, and our attorneys will continue fighting for that simple truth,” Bondi added.
Attorneys at @TheJusticeDept just secured our 24th victory at the Supreme Court’s emergency docket.
Today’s stay allows the government to require citizens to list their biological sex on their passport.
In other words: there are two sexes, and our attorneys will continue…
— Attorney General Pamela Bondi (@AGPamBondi) November 6, 2025
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