Breaking: SCOTUS Sides with Trump, Rules Passports Will Be Based on Biology, Not Gender Ideology
The U.S. Supreme Court ruled 6-3 to allow the Trump administration to require that passports list a person’s biological sex rather than their gender identity. The Court stated that displaying sex assigned at birth on passports is similar to noting a holder’s country of birth, as it reflects a ancient fact without discrimination. This decision overturned lower court injunctions that had blocked the policy. Liberal Justice Ketanji Brown Jackson dissented strongly, criticizing the ruling as unjust and harmful to transgender individuals. The policy reverses previous administrations’ actions: since 1992, transgender individuals could change their passport sex markers with medical documentation, and under President Biden, an “X” gender marker was introduced. After Trump took office, these policies were rescinded to reflect biological sex only. Attorney General Pam Bondi praised the ruling as affirming a binary view of sex. The ruling is a temporary measure allowing enforcement of the policy while legal challenges continue in lower courts.
The Supreme Court ruled on Thursday to allow the Trump administration to require the sex designation on passports to align with the traveler’s biological sex.
“Displaying passport holders’ sex at birth no more offends equal protection principles than displaying their country of birth — in both cases, the Government is merely attesting to a historical fact without subjecting anyone to differential treatment,” the court said in an unsigned order.
“And on this record, respondents have failed to establish that the Government’s choice to display biological sex ‘lack[s] any purpose other than a bare … desire to harm a politically unpopular group,’” the justices added.
The 6-3 decision overruled lower courts’ injunctions, which blocked the Trump administration from going forward with its policies.
BREAKING: The Supreme Court ALLOWS the Trump administration to refuse to issue passports to transgender and nonbinary individuals that reflect their gender identity amid a legal challenge of the policy change. Liberal #SCOTUS justices dissent. https://t.co/JdfZ7Rb9RO pic.twitter.com/0SSLhYLTN0
— Katie Buehler (@bykatiebuehler) November 6, 2025
In a dissent, liberal Justice Ketanji Brown Jackson wrote, “Such senseless sidestepping of the obvious equitable outcome has become an unfortunate pattern.
“So, too, has my own refusal to look the other way when basic principles are selectively discarded,” she added. “This Court has once again paved the way for the immediate infliction of injury without adequate (or, really, any) justification.
“Because I cannot acquiesce to this pointless but painful perversion of our equitable discretion, I respectfully dissent,” Jackson said.
CNN reported, “US passports first carried sex markers in 1976, but the State Department in 1992 allowed citizens to choose a marker opposite from their sex assigned at birth if they submitted certain medical documentation. Then, in 2021, President Joe Biden’s administration allowed people to select ‘X’ sex markers on their passports.”
After President Donald Trump took office, he reversed both policies, directing passports to reflect a person’s biological sex.
Attorney General Pam Bondi celebrated Thursday’s ruling, posting on social media, “Attorneys at @TheJusticeDept just secured our 24th victory at the Supreme Court’s emergency docket. Today’s stay allows the government to require citizens to list their biological sex on their passport. In other words: there are two sexes, and our attorneys will continue fighting for that simple truth.”
Attorneys at @TheJusticeDept just secured our 24th victory at the Supreme Court’s emergency docket.
Today’s stay allows the government to require citizens to list their biological sex on their passport.
In other words: there are two sexes, and our attorneys will continue…
— Attorney General Pamela Bondi (@AGPamBondi) November 6, 2025
CNN reported that in May, the Supreme Court allowed the Trump administration to begin immediately enforcing a ban on transgender service members in the military.
The outlet noted, “Neither decision is the final word on the legal cases at issue, only a short-term determination about what will happen while those cases continue to play out” in lower courts.
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