"And just for background, the government has allowed transgender people's passports to reflect their gender identity for 33 years. That's because your passport is an identity document, so it should align with the gender you present as. And yet the Trump administration repealed that rule, and didn't really give any reason beyond the fact that President Donald Trump had issued an executive order condemning transgender identity as "false" and "corrosive." The administration replaced it with a rule that your "biological sex" has to be listed"
"That pulled the rug out from under transgender and nonbinary Americans, some of whom filed suit. Both the district court and the appeals court ruled against the government; they found that this new policy was likely arbitrary and capricious, may well violate the equal protection clause, seemed to be rooted in animus toward trans people, and just didn't make any sense."
The Supreme Court issued a shadow-docket order permitting a Trump administration rule requiring the sex marker on U.S. passports to match the traveler's sex assigned at birth. The government had allowed passports to reflect transgender people's gender identity for 33 years. The administration replaced that policy with one demanding listing of "biological sex," citing an executive order critical of transgender identity. Lower courts ruled against the government, finding the change likely arbitrary and capricious, potentially violating equal protection and appearing rooted in animus. The rule causes harm and safety risks for transgender and nonbinary travelers.
Read at Slate Magazine
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