The Trump administration filed an emergency appeal at the Supreme Court on Friday seeking to reinstate a policy blocking transgender Americans from matching the sex listed on their passports with their gender identity.

“That policy is eminently lawful. The Constitution does not prohibit the government from defining sex in terms of an individual’s biological classification,” Solicitor General D. John Sauer wrote to the justices.

On Inauguration Day, President Trump signed an executive order cracking down on what he called “gender ideology.”

The State Department implemented the directive days later, requiring U.S. passports to match a person’s biological sex assigned at birth. The policy also removed the option for individuals to select “X” as the marker, rather than male or female.

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