Overview
- The policy requires U.S. passports to list sex assigned at birth and removes the option to choose a different marker or use X.
- The Court’s conservative majority permitted immediate enforcement, and the three liberal justices dissented.
- The majority framed listing birth sex as a neutral factual attestation comparable to noting country of birth.
- A federal judge in Boston had blocked the rule nationwide in June and an appeals court left that order in place before the Supreme Court reversed course on an interim basis.
- Seven transgender plaintiffs represented by the ACLU continue to challenge the policy under Fifth Amendment equal-protection principles and federal law, warning of heightened risks during travel.