The US Supreme Court has ruled in favour of the Trump administration's policy that restricts transgender and nonbinary individuals from selecting passport gender markers that reflect their gender identity. This decision, made on Thursday, allows the policy to remain in effect while a lawsuit challenging it continues. Previously, a lower court had mandated that applicants could choose male, female, or X on their passports according to their gender identity.

The court's conservative majority stated in an unsigned order that displaying a passport holder's sex at birth does not violate equal protection principles. They argued that it is simply a historical fact, similar to displaying a person's country of birth. However, the three liberal justices dissented, with Justice Ketanji Brown Jackson expressing concern that the policy exposes transgender individuals to increased risks of violence and discrimination. She stated, "This court has once again paved the way for the immediate infliction of injury without adequate (or, really, any) justification."

The policy stems from an executive order issued by Trump in January 2025, which mandates that federal documents, including passports, recognize only two sexes based on biological classification. This reverses a 2021 policy under President Joe Biden that allowed individuals to self-select their gender marker, including a nonbinary option, without needing medical documentation.

The American Civil Liberties Union (ACLU), which challenged the policy, described the court's decision as a significant setback for LGBTQ rights. Jon Davidson, senior counsel for the ACLU's LGBTQ and HIV Project, stated, "Forcing transgender people to carry passports that out them against their will increases the risk that they will face harassment and violence."

The Supreme Court's ruling comes amid ongoing legal battles over various policies affecting transgender rights. The plaintiffs in the case argued that the current passport policy is not only inaccurate but also unsafe for those whose gender expression does not match the documents. They highlighted instances of harassment and violence faced by transgender individuals at security checks due to mismatched identification.

As the legal proceedings continue, the implications of this ruling are significant for transgender and nonbinary Americans, who are advocating for the right to have their gender identity accurately reflected in official documents. The decision has sparked further discussions about the treatment and rights of LGBTQ individuals in the United States.