Supreme Court allows Trump to prohibit gender election on passports

Nina Totenberg

November 06, 2025 / 12:57 pm

The U.S. Supreme Court on Thursday allowed President Trump to proceed with his plan to require that passport applicants list their sex as what was designated on their birth certificate. The court's decision overturns a lower court order pausing Trump's policy and allowing applicants to choose for themselves whether they would like to identify with an M for male, F for female, or an X for neither.

Male and female sex markers began to be listed on passports in 1976. The government has allowed citizens for over 30 years to request a passport that reflects their gender identity instead of the sex listed on a birth certificate. The choice to use an "X", however, only began in 20

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