TL;DR
- Trump admin asked Supreme Court to reinstate binary-only sex markers on U.S. passports.
- Policy would reverse Biden-era allowance for self-selected gender or “X” designation.
- Lower courts blocked Trump’s restrictions, calling them discriminatory.
- ACLU and LGBTQ advocates say the move targets trans, nonbinary, and intersex Americans.
- Supreme Court’s conservative majority may side with Trump.
Trump Admin’s Passport War Lands in the Supreme Court
The Trump administration is once again dragging LGBTQ Americans into its culture wars—this time by trying to erase their existence from U.S. passports. In a late-Friday filing, the government asked the Supreme Court to reinstate a policy that would restrict passport sex designations to “male” or “female” only, based strictly on sex assigned at birth.
If granted, the change would kill a Biden-era reform that allowed applicants to self-select their gender or choose an “X” marker. That policy, in place since 2021, has been a lifeline for transgender, nonbinary, and intersex Americans traveling with documents that finally reflected their true identity.
Solicitor General D. John Sauer, leading the charge for Trump, insisted that defining sex as “immutable biological classification” was “eminently lawful.” The administration compared gender identity to national origin, bizarrely arguing that just as a person cannot swap birth countries, they cannot self-identify outside binary sex categories. LGBTQ advocates weren’t buying it—and neither were the lower courts.
Lower Courts Slam Trump’s Move
U.S. District Judge Julia Kobick already called foul on the administration’s attempt, blasting the policy as “irrational prejudice toward transgender Americans.” Her injunction allowed the inclusive passport rules to stay in place, pending appeals.
The American Civil Liberties Union, representing the plaintiffs, minced no words. Jon Davidson, senior counsel for the ACLU’s LGBTQ & HIV Project, said the policy “restricts the essential rights of transgender, nonbinary, and intersex citizens” and vowed to keep fighting. “We are committed to defending those rights including the freedom to travel safely and the freedom of everyone to be themselves without wrongful government discrimination,” he declared.
Despite losing at the district and appellate levels, the Trump administration is betting on the Supreme Court’s conservative supermajority to rescue its crackdown. That gamble may pay off—the Court has backed Trump in 18 out of 20 emergency rulings since his return to power in January.
Why This Matters for LGBTQ People
The stakes couldn’t be higher. For LGBTQ Americans, especially trans and nonbinary travelers, passports aren’t just pieces of paper—they’re shields against harassment, humiliation, and sometimes violence at border crossings. Being forced back into a binary system erases their identities and puts them at risk in airports and foreign countries alike.
This isn’t just a paperwork issue. It’s a message from the administration: queer people don’t get to exist on their own terms. Every restriction like this chips away at dignity, autonomy, and equal protection under the law.
As courts weigh whether identity is self-determined or government-issued, the LGBTQ community is bracing for another battle. Because when your very name and gender marker are up for debate in the highest court of the land, it’s more than politics—it’s survival.