cross-posted from: https://lemmy.blahaj.zone/post/34079011

The Supreme Court on Thursday allowed President Donald Trump’s administration to enforce a policy blocking transgender and nonbinary people from choosing passport sex markers that align with their gender identity.

In a brief, unsigned order, the court said the policy doesn’t appear to discriminate against transgender people. “Displaying passport holders’ sex at birth no more offends equal protection principles than displaying their country of birth,” it said. “In both cases, the Government is merely attesting to a historical fact without subjecting anyone to differential treatment.”

Sex markers began appearing on passports in the mid-1970s and the federal government started allowing them to be changed with medical documentation in the early 1990s, the plaintiffs said in court documents. A 2021 change under President Joe Biden, a Democrat, removed documentation requirements and allowed nonbinary people to choose an X gender marker after years of litigation.

A judge blocked the Trump administration policy in June after a lawsuit from nonbinary and transgender people, some of whom said they were afraid to submit applications. An appeals court left the judge’s order in place.