US Supreme Court approved the administration’s order Donald Trumpeliminating option “X” from passports. Now only male and female genders remain.
The court approved the binary order
US Supreme Court supported the administration’s order with a majority of votes Donald Trumpaccording to which American passports will contain only two gender options – male (M) And female (F). As such, trans and non-binary individuals will no longer be able to list an “X” or any other marker other than their gender assigned at birth.
The decision was made by the ratio of votes 6 vs 3. The conservative majority believed that indicating gender “by birth” does not violate the principle of equality and does not constitute discrimination. The resolution noted: “Recording gender on a passport is not an act of discrimination, but is a historical fact, just like place of birth.”
Liberals’ Dissent and Activists’ Concerns
Liberal justices strongly dissented, saying the new policy exposes transperson And non-binary people real danger. In their opinion, the requirement to indicate gender by birth will lead to an increase in cases violence, discrimination and humiliation when checking documents, especially at airports and when crossing the border.
The applicants’ complaints cited numerous examples of people being accused of falsifying documents because their appearance and gender did not match on their passports. Despite this, conservative majority The Supreme Court found the gender marker to be an element of “objective identification” and not a matter of personal choice.
Political signal and international contrast
The court’s decision is considered as return to Trump’s policies during his presidency, when the rights of transgender people in the army and education were limited. Although the current ruling has temporary nature and the final verdict is expected later, lawyers believe that the trend is already obvious: The US is returning to a rigid binary model of gender.
For comparison, in a number of countries EUincluding Germanyit is possible to select the gender designation “divers” or “X”. Self-determination laws in these countries make it easier to change gender identity and recognize it as a personal right rather than an administrative decision.
Thus, the American legal system is increasingly at odds with the European approach to gender self-determination and minority rights. The new round of litigation promises to be one of the most controversial issues ahead of the 2026 presidential election.
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