Supreme Court Allows Halt to Gender “X” Passports, Signals Broader Transgender Rights battles
WASHINGTON – Teh Supreme Court has temporarily reinstated a ban on the “X” gender marker on U.S. passports,halting the Biden governance’s policy allowing non-binary Americans to select the designation. The move, issued provisionally pending a full review of the case, comes amid escalating legal challenges to transgender rights across the country and signals a perhaps meaningful shift in federal policy.
The decision impacts an estimated hundreds of thousands of Americans who identify as non-binary and sought the “X” designation to accurately reflect their gender identity on official travel documents. The Biden administration first announced the change in June 2022, aiming to improve inclusivity and align U.S. policy with that of several other countries. While the State department continued to issue passports with the “X” marker after a lower court ruling blocked the policy in April 2024, this supreme Court action instantly pauses that practice. The court is expected to rule on the merits of the case in the coming months.
This latest development is part of a broader wave of legal and political battles concerning transgender rights. The Supreme Court is also considering a case regarding the participation of transgender athletes in women’s sports, and the Trump administration’s previous ban on transgender individuals serving in the military remains a contested issue. Denmark recently issued travel advisories to its transgender citizens cautioning them about potential difficulties entering the United States, citing the evolving legal landscape.
The case centers on a lawsuit brought by several conservative states arguing the Biden administration overstepped its authority in implementing the policy without congressional approval. Opponents claim the change violates federal laws defining sex as male or female. Supporters of the “X” marker argue it is indeed a matter of basic dignity and accurate identification, and that denying it causes significant hardship for non-binary individuals traveling internationally.
The Supreme Court’s action was reported by Le Monde with contributions from the Associated Press and Agence France-Presse.
