A Policy With Far-Reaching Impact
The ruling means that, for now, Americans can no longer request a gender marker that differs from the sex listed on their birth certificate. The State Department has also removed the “X” gender option, which was first introduced in 2021 under President Biden to accommodate nonbinary and intersex citizens.
In practical terms, this means new passport applicants — and those renewing — must choose either “M” or “F,” corresponding to their biological sex.
What the Court Said
In its brief statement, the Court wrote that showing a traveler’s sex at birth “no more offends equal-protection principles than displaying their country of birth.” The majority framed the issue as one of historical recordkeeping, not discrimination.Continue reading…