ByLINDSAY WHITEHURST 
Thursday, November 6, 2025 8:41PM
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WASHINGTON -- The Supreme Court connected Thursday allowed President Donald Trump's medication to enforce a argumentation blocking transgender and nonbinary radical from choosing passport enactment markers that align with their sex identity.
The determination by the precocious court's blimpish bulk is Trump's latest triumph connected the precocious court's exigency docket, and it means his medication tin enforce the argumentation portion a suit implicit it plays out. It halts a lower-court bid requiring the authorities to support letting radical take male, pistillate oregon X connected their passport to enactment up with their sex individuality connected caller oregon renewed passports.
The State Department changed its passport rules aft Trump, a Republican, handed down an enforcement bid successful January declaring the United States would "recognize 2 sexes, antheral and female," based connected commencement certificates and "biological classification."
Transgender histrion Hunter Schafer, for example, said successful February that her caller passport had been issued with a antheral sex marker, adjacent though she's marked pistillate connected her driver's licence and passport for years.
The plaintiffs reason that passports constricted to the enactment listed connected a commencement certificate tin spark harassment oregon adjacent unit for transgender people.
"By classifying radical based connected enactment assigned astatine commencement and exclusively issuing enactment markers connected passports based connected that enactment classification, the State Department deprives plaintiffs of a usable recognition papers and the quality to question safely," attorneys wrote successful tribunal documents.
Sex markers began appearing connected passports successful the mid-1970s and the national authorities started allowing them to beryllium changed with aesculapian documentation successful the aboriginal 1990s, the plaintiffs said successful tribunal documents. A 2021 alteration nether President Joe Biden, a Democrat, removed documentation requirements and allowed nonbinary radical to take an X sex marker aft years of litigation.
A justice blocked the Trump medication argumentation successful June aft a suit from nonbinary and transgender people, immoderate of whom said they were acrophobic to taxable applications. An appeals tribunal near the judge's bid successful place.
Solicitor General D. John Sauer past turned to the Supreme Court, pointing to its caller ruling upholding a prohibition connected transition-related wellness attraction for transgender minors. He besides argued Congress gave the president power implicit passports, which overlap with his authorization implicit overseas affairs.
"It is hard to ideate a strategy little conducive to close recognition than 1 successful which anyone tin garbage to place his oregon her enactment and withhold applicable identifying accusation for immoderate reason, oregon tin trust connected a mutable consciousness of self-identification," Sauer wrote successful tribunal documents.
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