The Trump administration has petitioned the Supreme Court to lift an injunction that prevents it from enforcing a policy requiring transgender and non-binary individuals to have their birth sex listed on passports, and denying the 'X' gender marker.
In April, a federal judge in Massachusetts temporarily blocked the policy, describing it as part of a 'coordinated and rapid rollback of rights' for transgender Americans. The ruling was upheld by an appeals court in September.
The Justice Department argues that the injunction 'has no basis in law or logic' and forces the government to issue 'inaccurate' documents. It contends that the policy does not discriminate based on sex, as it applies equally to all individuals based on biological classification.
The administration cites the Supreme Court's recent decision in U.S. v Skrmetti, which upheld a Tennessee ban on transition healthcare for minors, as supporting its position that the passport policy does not violate equal protection. The Skrmetti ruling found that such bans do not constitute sex discrimination.
Under the policy, some transgender individuals, including actor Hunter Schafer, received passports listing their birth sex, while others faced delays. The Supreme Court, with a conservative majority including three Trump appointees, will decide whether to hear the case.
