On Thursday afternoon, the U.S. Supreme Court released a decision on a Trump administration policy that bars anyone who identifies as nonbinary or transgender from selecting that gender displayed on a passport under his or her name. The conservatives on the high court agreed with Team Trump that U.S. passports must match a birth certificate in the ruling:
The justices ruled, 6-3, Thursday that the State Department can require that U.S. passports reflect the sex noted on the holder’s birth certificate and can halt the issuance of passports with an ‘X’ sex identifier, signifying an unspecified gender identity, implemented by the Biden administration in 2022.
“Displaying passport holders’ sex at birth no more offends equal protection principles than displaying their country of birth — in both cases, the Government is merely attesting to a historical fact without subjecting anyone to differential treatment,” the high court said in an unsigned order that also suggested the administration’s decision deserved deference because it carried “foreign affairs implications.”
Writing in dissent for the three progressive justices, Justice Ketanji Brown Jackson seemed to agree with activists for those who consider themselves transgender, while waving away the administration’s petition of the Court that it was harmful to hold up its policy.
“This Court has once again paved the way for the immediate infliction of injury without adequate (or, really, any) justification,” Jackson wrote in a 12-page dissent. She also said the administration was undercutting its claims of urgency by allowing people to keep using passports with alternate gender markers issued under the earlier, more flexible policies.
El Rushbo’s former wingman, Bo Snerdley, chimed in after the decision on Thursday:
So I guess the president is the president and can have authority over the State Department. As the Constitution says – regardless of what liberal activists on the court believe?
Supreme Court lets Trump block transgender and nonbinary people from choosing passport sex markers…
— Bo Snerdley (@BoSnerdley) November 6, 2025
You can read the full decision below:
SCOTUS Trans Nonbinary by lowertheboom00
As this is a breaking story, RedState will provide updates as more information becomes available.
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