Passport Rules Change: What It Means for Trans and Nonbinary Americans

The Supreme Court recently made a decision that affects how sex is listed on U. S. passports. They allowed the current administration to require that the sex marker on passports match the person's sex assigned at birth. This change impacts transgender and nonbinary individuals who have been using passports that reflect their gender identity. The court's decision is seen as a setback for LGBTQ rights. It comes at a time when the justices are also looking at other cases involving laws that affect transgender people. The court's unsigned order stated that listing a person's sex at birth is similar to listing their country of birth. They argued that this does not treat anyone differently. However, not all justices agreed. Justice Ketanji Brown Jackson, along with the other two liberal justices, dissented. She wrote that the court's decision is part of a pattern of ignoring important principles. She also said that the court is allowing harm to happen without good reason. Passports have had sex markers since 1976. In 1992, the State Department allowed people to choose a marker that did not match their sex assigned at birth if they had the right medical documents. Then, in 2021, the Biden administration allowed people to choose an "X" marker. This option is important for some intersex and nonbinary people.The current administration quickly reversed these policies. They now require passports to show the sex assigned at birth and removed the "X" marker option. This led to lawsuits. A federal judge in Massachusetts blocked the policy nationwide. The judge ruled that the policy classifies people based on sex and should be closely examined. The administration appealed to the Supreme Court. They argued that the policy does not discriminate because it applies to everyone equally. They also said that courts cannot review presidential policies that might break certain laws. The plaintiffs argued that the policy could lead to misidentification, harassment, or violence for Americans traveling abroad. This is the second time the Supreme Court has allowed a policy aimed at transgender people to stand. In May, they allowed a ban on transgender service members in the military to be enforced. The Supreme Court took a long time to consider the passport case. It was the longest they have taken for any emergency case in the second administration. This is compared to the two weeks it took them to allow the military ban to be enforced.