"The case, decided on the court's emergency docket, will allow Trump's discriminatory policy to proceed while legal challenges against the policy proceed in lower courts. Lower courts had blocked the Trump directive for being rooted in "irrational bias," but the Supreme Court's unsigned ruling concluded that "Displaying passport holders' sex at birth no more offends equal protection principles than displaying their country of birth," adding, "In both cases, the Government is merely attesting to a historical fact without subjecting anyone to differential treatment.""
"Of course, the conservative-leaning court's decision is disingenuous since a person's gender isn't merely a "historical fact" but can change over a person's lifetime. Nevertheless, State Department Solicitor General D. John Sauer said that the lower court block on Trump's policy infringed on Trump's constitutional authority over foreign affairs. A dissent written by the court's three liberal justices said the policy would lead to "increased violence, harassment, and discrimination" toward trans and nonbinary communities."
The U.S. Supreme Court allowed the Trump administration to prohibit the State Department from issuing passports that list the correct genders of transgender and nonbinary people, permitting the policy to proceed while lower-court challenges continue. Lower courts had previously enjoined the directive as rooted in "irrational bias." The unsigned Supreme Court ruling equated displaying sex at birth with displaying country of birth, calling both attestations of historical fact without differential treatment. State Department Solicitor General D. John Sauer argued that the injunction infringed on presidential authority over foreign affairs. Three liberal justices dissented, warning the policy would increase violence, harassment, and discrimination against trans and nonbinary communities. Trump's Executive Order 14168 restricts federal recognition to two biological sexes.
Read at LGBTQ Nation
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