Supreme Court Allows Trump Policy Requiring Passports to Match Biological

The State Department first began listing sex markers on passports in 1976. In 1992, applicants were allowed to update those markers with medical documentation. Nearly 30 years later, the Biden administration went further, removing medical requirements and adding the “X” option for those who did not identify strictly as male or female.

Earlier this year, President Trump reversed both changes, arguing that federal identification should reflect “biological fact” rather than “self-declared identity.” The move was part of a broader directive known as Executive Order 14168, which ordered federal agencies to recognize only two sexes — male and female — in all official documents.

Civil rights groups swiftly challenged the order. A Massachusetts federal judge had blocked the rule, calling it discriminatory, but the Trump administration appealed to the Supreme Court — and has now won a temporary reprieve.

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