Overview
- The unsigned order, backed by the court’s six conservatives, suspends an injunction that had restored male, female or X choices on U.S. passports.
- The majority described listing sex at birth as a historical fact that does not impose different treatment.
- The three liberal justices dissented, warning the policy heightens risks of violence, harassment and discrimination for transgender and non-binary travelers.
- The State Department change follows a January executive order recognizing only two sexes, reversing Biden-era rules and earlier practice that allowed changes with documentation and an X option.
- The ACLU, which secured favorable rulings from Judge Julia Kobick and an appeals court, condemned the setback and said the lawsuit continues in the lower courts.