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The President of the United States, Donald Trump, requested this Friday that the Supreme Court uphold his policy of restricting gender identification on passports to only two options: male or female, eliminating the possibility for trans and non-binary individuals to choose a marker different from the sex assigned at birth.
The petition was filed by the Department of Justice after a federal judge blocked the executive order signed by Trump in January, which required all federal agencies to exclusively use biological sex in official documents, including passports.
"The Constitution does not prohibit the government from defining sex in terms of an individual's biological classification," states the petition.
If accepted by the Supreme Court, the measure would require that the passports of trans and non-binary individuals reflect the gender recorded at the time of birth, regardless of their current recognized identity.
It would also involve the removal of the marker "X" that was enabled during Joe Biden's presidency in 2022.
“Gender identity is an internal and subjective feeling that can change over time, while the sex assigned at birth is an unchangeable trait that serves better as a basis for official identification,” argues the request submitted by the Department of Justice to the Supreme Court.
The White House maintains that this policy aims to standardize official documents and improve identity verification processes.
However, civil rights organizations have denounced the measure as a direct attack on the LGTBI community, and particularly on trans individuals.
A few months ago, it became known that this measure by Trump had led to the abrupt decline of LGTBIQ+ tourists from around the world, a segment of travelers that has historically been crucial for the U.S. industry.
Since his return to power in January 2025, the leader has implemented a series of decisions that have been interpreted as a campaign against the rights of transgender individuals.
In addition to this proposal, your administration has already restricted its participation in women's sports competitions and has reversed inclusion policies that were implemented under previous administrations.
Advocacy groups for trans rights have warned that the measure not only undermines the right to identity but also increases the risks of discrimination and violence for those carrying documents that do not match their appearance or gender identity.
“Eliminating option X and forcing the use of the gender assigned at birth has no medical or legal justification; it only aims to render thousands of citizens invisible,” denounced the American Civil Liberties Union (ACLU).
The decision now rests with the Supreme Court, which has a conservative majority, and it must determine whether to support Trump's position or uphold the possibility for transgender and non-binary individuals to choose how they identify on their official documents.
Frequently Asked Questions about the Ban on Gender Changes in U.S. Passports.
What gender policy regarding passports is Donald Trump proposing?
Donald Trump is proposing to restrict gender identification on passports to just two options: male or female, eliminating the possibility for transgender and non-binary individuals to choose a marker different from the sex assigned at birth. This measure would also involve the removal of the previously enabled "X" marker.
What are the Trump administration's arguments for this gender policy in passports?
The Trump administration argues that gender identity is an internal and subjective feeling that can change over time, while sex assigned at birth is an immutable characteristic that serves better as a basis for official identification. Furthermore, the White House maintains that the policy aims to standardize official documents and improve identity verification processes.
What economic impact could these policies have on tourism in the U.S.?
Trump's immigration and gender policies have caused a drop of over 25% in tourist bookings from the LGTBIQ+ segment. This has had a negative impact on the U.S. tourism industry, a sector that has historically been significant for the country's economy. The new regulations instill fear and discourage tourists who identify as transgender or non-binary.
What have civil rights organizations said about this measure?
Organizations like the American Civil Liberties Union (ACLU) have denounced that the measure is a direct attack on the LGTBI community and particularly on transgender individuals, arguing that it increases the risks of discrimination and violence. They also point out that eliminating the "X" option only aims to render thousands of citizens invisible.
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