US Supreme Court Upholds Trump’s Transgender, Non-Binary Passport Restrictions
In a pivotal ruling, the US Supreme Court has upheld former President Donald Trump’s policy limiting passport gender markers to “male” and “female,” striking down lower court decisions that favored non-binary and transgender inclusion. The 6-3 decision intensifies the national debate over gender identity and federal documentation.
Case Background: Obama-Era Reversal Sparks Legal Battle
The lawsuit stemmed from the Trump administration’s reversal of Obama-era guidelines, which allowed simpler gender marker updates on passports. Advocacy groups challenged the State Department’s reinstated requirements—medical certification for gender transitions and rejection of “X” or non-binary options. Lower courts ruled the policy discriminatory, but the Supreme Court’s conservative majority sided with federal authority.
Majority Opinion: National Security Overrides Gender Inclusion
Justice Samuel Alito, writing for the majority, asserted that passport regulations fall under executive discretion, citing “administrative consistency” and fraud risks. “Courts cannot dictate gender classifications without congressional mandate,” Alito stated. The ruling emphasizes passports as critical national security tools.
Dissent: LGBTQ+ Rights ‘Eroded’
Justice Sonia Sotomayor’s dissent condemned the decision as a denial of transgender and non-binary Americans’ rights. Advocacy groups like the National Center for Transgender Equality called it a “devastating rollback” of progress.
Political Fallout: Partisan Divide Widens
- Conservatives: Praised the ruling as a win for “biological reality” and federal control.
- Progressives: Vowed to push Biden for executive action or congressional legislation.
President Biden, who pledged to reinstate non-binary options, now faces heightened pressure.
What’s Next for Gender Markers?
- State-Level Action: States like California already offer “X” licenses, creating inconsistencies.
- Legislative Pathways: Bills mandating non-binary passports face slim odds in Congress.
- Global Contrast: The US trails Canada, Germany, and others in recognizing non-binary IDs.
The ruling leaves transgender and non-binary Americans navigating a system critics call discriminatory. With legal and legislative battles looming, the fight for inclusive documentation continues.
— Reported by [Your Name], NextMinuteNews
