The United States Supreme Court has permitted the implementation of a controversial Trump-era policy mandating that all new passports reflect an individual’s sex assigned at birth. This decision stems from an executive order issued by former President Donald Trump, directing federal agencies to recognize only two sexes—male and female—considered fixed at birth. As a result, the US State Department has ceased processing passport applications that seek to update or include nonbinary gender markers inconsistent with a person’s sex assigned at birth.
This ruling reverses decades of progress in ensuring that passports accurately reflect an individual’s gender identity. Since 1977, US passports have included gender markers, and by 1992, the State Department allowed individuals to change them following gender reassignment surgery. The policy was later relaxed in 2010 to accept proof of appropriate clinical treatment for gender transition. In 2022, the introduction of an “X” gender marker provided greater inclusivity for nonbinary individuals and others who preferred not to identify strictly as male or female.
Critics argue that the reinstated policy serves no legitimate purpose and instead forces transgender and intersex individuals to carry documentation that does not match their lived gender identity. This inconsistency increases the risk of discrimination, harassment, or violence—particularly during international travel. A national survey of 84,000 transgender adults revealed that 22 percent had experienced harassment, assault, or denial of services when their identification did not align with their gender presentation.
Global human rights bodies, including the UN Office of the High Commissioner for Human Rights, emphasize that individuals should be free to assert their gender identity, including nonbinary identities, on official documents. Many countries have already adopted policies recognizing gender diversity in passports and other identification.
The Trump administration’s passport rule represents a major setback for transgender and intersex rights, stripping away basic protections and undermining privacy and equality. Advocates are urging lawmakers to intervene swiftly to restore inclusive documentation policies that uphold dignity, safety, and freedom of movement for all individuals, regardless of gender identity.
