Trump Pushes Supreme Court to Decide
The fight over how Americans identify themselves on government documents has landed at the U.S. Supreme Court. At the center of the issue is whether people should be able to list something other than “male” or “female” on their passports.
The Trump administration says no. LGBTQ+ advocates say yes. And now, the highest court in the land may decide the future of gender markers in America.
What Changed Under Biden
In 2022, the Biden administration allowed U.S. citizens to select “X” as their gender marker on passports. The move was meant to include nonbinary, intersex, and gender-nonconforming Americans who don’t identify strictly as male or female.
For many, the change was seen as progress. It allowed people to carry a document that better reflected who they are. Supporters argued that having an “X” option made travel and everyday life safer and less stressful.
Trump Reverses Course
When Donald Trump returned to office in January, one of his first executive orders stated that the U.S. government would only recognize two sexes — male and female — and that those categories are “not changeable.”
Following this order, the State Department stopped processing passport applications that requested the “X” marker.
Lawsuits and a Judge’s Ruling
The policy reversal sparked multiple lawsuits. Earlier this year, U.S. District Judge Julia Kobick in Massachusetts blocked the Trump administration from enforcing the change nationwide.
In her ruling, she said the policy singled out applicants “on the basis of sex” and likely violated the Constitution’s Equal Protection Clause.
Judge Kobick also noted that passports are used far beyond international travel. They are often required for renting a car, opening a bank account, or verifying identity in everyday situations. Without the “X” option, she warned, nonbinary people could face “irreparable harm.”
She explained that forcing people to use documents that don’t reflect their identity could lead to anxiety, discrimination, harassment, and even violence.
The Trump Administration’s Argument
The administration disagrees strongly. Solicitor General D. John Sauer wrote in an emergency appeal to the Supreme Court that private citizens cannot force the government to “use inaccurate sex designations” on its own documents.
He argued that passports are government property and an official way for the United States to communicate with foreign governments. For that reason, he said, the government must stick to biological sex.
Appeals Court Pushback
Earlier this month, a federal appeals court in Boston denied the administration’s request to lift Judge Kobick’s block.
The court criticized the government for failing to address the constitutional concerns raised in the lower court. While the ruling did not settle the issue permanently, it kept the “X” option in place for now.
Now the Supreme Court Decides
With the appeals court ruling against it, the Trump administration has turned to the Supreme Court. If the justices take up the case, their decision could set a lasting precedent for how gender is treated on federal identification documents.
This ruling wouldn’t just affect passports. It could influence future policies around driver’s licenses, Social Security records, and other government documents.
Why This Matters
For transgender and nonbinary Americans, the outcome is deeply personal. Many say the ability to select “X” is about recognition, dignity, and safety. Without it, they fear being forced to out themselves every time they present their passport.
For supporters of Trump’s policy, the issue is about government accuracy and authority. They argue that sex is biological, fixed, and not something the government should redefine.
Where Do You Stand?
The debate raises a clear question:
Should passports only list “male” and “female,” or should Americans have the choice of an “X” option?
It’s a conversation that touches on law, identity, safety, and the role of government in people’s personal lives.
Now we want to hear from you.
Take our quick survey and tell us what you think:
👉 Should the “X” gender marker stay, or should it be removed?