The Trump administration has requested that the Supreme Court overturn an injunction preventing it from enforcing a policy that requires transgender and non-binary individuals to be listed on passports according to their birth sex. In April, a federal judge in Massachusetts ordered a temporary pause on the policy, which also denies the ‘X’ designation for non-binary people. Judge Julia E. Kobick described the policy as part of a “coordinated and rapid rollback of rights and protections previously afforded to transgender Americans,” suggesting it was rooted in prejudice. Her ruling was upheld by an appeals court in September, which found the government had not shown a strong likelihood of success.
++ Meet the whale that swims backward and feed without chewing
Now the Department of Justice is appealing to the Supreme Court, arguing that the injunction “has no basis in law or logic” and compels the government to issue “inaccurate” documents. Lawyers for the administration maintained that the Constitution allows the government to define sex based on biological classification and claimed that the injunction “irreparably harms the government and the public” by restricting presidential authority over passport issuance. They further argued that the injunction forces officials to misrepresent passport holders’ sex internationally.
The administration also cited the Supreme Court’s decision in U.S. v Skrmetti, which upheld Tennessee’s ban on transition healthcare for trans minors, as evidence that sex-based policies are not inherently discriminatory. According to the Department, the passport policy treats all sexes equally under the law and merely defines sex in biological terms rather than through self-identification. Meanwhile, the policy has already caused delays and issues for transgender applicants, with some, including actor Hunter Schafer, receiving passports marked with their birth sex.
++ Angela Rayner’s coastal move sparks questions over property rules
While the Trump administration maintains that biological sex is immutable, many aspects of sex, such as genitalia, body shape, and sexual function, can be altered medically and socially, influencing how individuals are perceived. The Supreme Court, which includes a conservative supermajority of Trump appointees, will decide whether to hear the case. Over recent months, the Court has delivered several rulings in favour of the administration, often without explanation, prompting criticism from a group of ten federal judges who warned that the Court’s unsigned “shadow docket” opinions undermine judicial accountability.
