The U.S. Supreme Court has given temporary approval to a Trump-era regulation requiring all American passports to list only male or female as the holder’s gender — a move that effectively eliminates the option for non-binary or “X” gender designations.
The conservative-majority court’s decision, announced on Thursday, means transgender and non-binary Americans must currently use the sex assigned at birth in their travel documents, regardless of their lived gender identity.
Gender defined as a “historical fact”
In its brief order, the Supreme Court’s conservative justices argued that the policy was not discriminatory, framing the gender entry on passports as a historical fact rather than an expression of identity.
“The indication of a person’s sex as recorded at birth is no more a violation of equal protection than stating their place of birth,” the majority wrote. The decision passed 6–3, with all three liberal justices dissenting.
The court’s ruling temporarily reinstates the Trump administration’s restrictions, pending a full hearing on the case in the coming months.
Liberal justices warn of discrimination and real-world dangers
The dissenting liberal justices criticised the majority’s stance as detached from reality, warning that the policy could lead to increased violence, harassment and discrimination against transgender and non-binary travelers.
Several plaintiffs in the case had described being accused of document fraud, subjected to invasive searches, or even assaulted during airport security checks because their appearance did not match the gender listed in their passport.
For now, those concerns remain unaddressed while the regulation remains in effect.
Political and legal implications
The interim ruling marks a significant victory for former President Donald Trump’s conservative agenda on gender and identity issues. While the final decision will depend on future hearings, the court’s early signal suggests a willingness to support a stricter, binary definition of sex in official documents.
Legal experts note that even as a temporary measure, the ruling sets an important precedent for how federal agencies may interpret gender-related classifications under constitutional law.
Sharp contrast to Europe’s gender policies
The U.S. position stands in sharp contrast to developments in countries such as Germany, where individuals can legally change both their gender marker and given name through a simplified administrative process.
Under Germany’s Self-Determination Act, which took effect last year, people may register as male, female, diverse, or leave the field open. Previously, the process required two psychiatric assessments and a court ruling — hurdles now removed to reduce stigma and bureaucratic delay.
In the first year alone, 22,049 people in Germany used the new procedure to amend their legal gender entry.
What happens next
The U.S. Supreme Court’s order remains provisional. A full hearing on the merits of the case is expected later this year, where both human rights groups and federal officials will present detailed arguments.
Until then, the ruling underscores a growing divide between the United States and much of Europe in their legal recognition of gender identity — one that may shape political debate on both sides of the Atlantic for years to come.
