The US Supreme Court ruled Thursday that President Trump may proceed with restricting gender changes on US passports, including an “X” marker for non-binary individuals which came from the Biden administration.
In Trump v. Orr, the president was sued by plaintiff Ashton Orr–a trans-identifying male whose lawyers find the order unconstitutional according to the 14th Amendment–in a case asking, “Whether the Supreme Court should stay a district court ruling that would require the State Department to provide transgender and nonbinary people with passports reflecting the sex designation of their choosing.”
A lower court blocked the order from being implemented temporarily. The Supreme Court’s recent decision overturned this court blocking.
TPUSA Frontlines White House Correspondent Monica Paige reported Friday from the White House on the ruling, providing some history on US passport gender markers.
“It wasn’t until 2021 that President Biden changed that, and removed those requirements and allowed so-called binary people to choose the ‘X’ gender marker after years of litigation on their passports,” Paige noted. “But now this Supreme Court ruling just came out that the Trump admin can enforce this policy that blocks so-called transgender and non-binary people choosing whatever sex markers on their passports that they believe that they are.”
This ruling comes after a January executive order declaring the US would only recognize the biological genders of male and female.
The US Department of State said that it is currently “taking steps to implement the U.S. Supreme Court’s ruling which granted the Department’s request to stay the U.S. District Court’s preliminary injunction in June 2025 in Orr v. Trump. We are rapidly developing guidance to comply with the Supreme Court’s decision.”
