Supreme Court Allows Enforcement of Passport Gender Marker Restrictions

Key Point  

• On November 6, 2025, the Supreme Court granted the Trump administration’s request to enforce new passport rules restricting gender markers to “male” or “female,” reversing prior flexibility for transgender and nonbinary applicants 

Passport Gender Marker Decision  

On November 6, 2025, the Supreme Court granted the government’s emergency request to stay a lower court injunction, allowing enforcement of a policy that requires all new U.S. passports to reflect an individual’s biological sex as assigned at birth. The Court found that this designation is a historical fact and does not violate equal protection principles. The decision temporarily blocks prior judicial orders and permits the State Department to implement the revised policy.

This policy implements President Trump’s January 20 Executive Order, which directed U.S. federal agencies to recognize only male and female genders and to issue identification documents based on sex assigned at birth.

Ongoing Litigation

The stay remains in effect while the government’s appeal proceeds in the First Circuit and, if applicable, through Supreme Court review. If certiorari is denied, the stay will end automatically. If granted, it will remain in place until the Court issues a final judgment. The underlying legal challenge, including claims under the Equal Protection Clause and the Administrative Procedure Act, continues.