US Supreme Court bans transgender people from changing sex markers on passports

The Supreme Court of the United States. Photo: Wikipedia

On 6 November 2025, the Supreme Court accepted a measure allowing the administration of Donald Trump to mandate that the designation of sex in U.S. passports correspond to the birth-assigned biological sex. The decision was reached by a majority of six justices against three – the three liberal justices dissented.

An unsigned order stated: “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 differentialm treatment.”

The decision rescinds the 2021 policy introduced under the administration of Joe Biden, which allowed individuals to choose the marker “M” (male), “F” (female) or “X” (non-binary) on their passports based on their gender identity without providing medical documentation. The new Trump-era policy limits markers to male or female, as per the birth certificate at the time of application, and fully eliminates the “X” option.

The civil-liberties organisation American Civil Liberties Union (ACLU), which advocates for transgender rights, called the decision “heart-wrenching”. Meanwhile, a White House spokesperson described the ruling as “a victory of common sense … and President Trump, who was elected to rid the federal government of woke-gender ideology.”

This marks the second time the conservative-majority Supreme Court has sided with the Trump administration on transgender‐related policy. Earlier, in May, the Court allowed the government to begin immediate enforcement of a ban on transgender individuals serving in the armed forces.

Although the decision is not yet final in the substantive dispute – litigation in lower courts continues – the order allows the Trump administration to apply the new passport policy while the case proceeds.

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