The US Supreme Court on Thursday allowed a policy to move forward that prevents nonbinary and transgender people from having gender markers on their passports that align with their chosen identity.

In the 6-3 decision, the court held that:

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 respondents’ failed to establish that the government acted “arbitrarily and capriciously” when issuing passports. 22 U. S. C. §211a permits the government to:

…grant and issue passports, and cause passports to be granted, issued, and verified in foreign countries by diplomatic and consular officers

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