"In the unsigned decision, the majority asserted that banning transgender people's correct gender markers on passports did not constitute differential treatment, while disregarding clear violations of the Administrative Procedure Act and brushing aside the obvious unconstitutional animus embedded in the executive order that enabled the ban in the first place. The ruling leaves transgender people who obtained updated passports under the prior policy in limbo - and all transgender travelers facing profound uncertainty - as the administration now weighs further actions against their documents under a Court that has signaled it is willing to greenlight those efforts."
"In a ruling issued from the shadow docket, the Supreme Court's conservative majority sided with the Trump administration on an emergency request on transgender passport restrictions - a process historically reserved for true national crises but increasingly deployed to fast-track administration policies."
"The passport gender marker ban, which began early in the Trump administration, was blocked after judges found the executive orders behind it - orders that branded transgender people "wrong," "dishonorable," and "socially coercive" - were likely discriminatory on their face and in violation of US law."
The Supreme Court's conservative majority issued a shadow-docket decision siding with the Trump administration to restrict transgender passport gender markers. The unsigned ruling asserted that banning transgender people's correct gender markers did not constitute differential treatment while discounting violations of the Administrative Procedure Act and apparent unconstitutional animus in the enabling executive order. The decision leaves transgender people who previously obtained updated passports in limbo and creates profound uncertainty for all transgender travelers. Lower courts had blocked the passport gender-marker ban after finding the underlying executive orders likely discriminatory and in violation of U.S. law. The earlier policy froze many applications and prompted an attestation-based update process.
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