Justice Ketanji Brown Jackson, joined by the Court’s two other liberal justices, issued a sharp dissent. She called the decision a “senseless sidestepping of the obvious equitable outcome,” warning that it would cause “immediate injury without adequate justification.”
Because the order was issued on the Court’s emergency docket, it is temporary — the case will continue through the lower courts. But for now, the Trump policy is in effect nationwide.
How We Got Here
Earlier this year, President Trump reversed both changes, arguing that federal identification should reflect “biological fact” rather than “self-declared identity.” The move was part of a broader directive known as Executive Order 14168, which ordered federal agencies to recognize only two sexes — male and female — in all official documents.
Civil rights groups swiftly challenged the order. A Massachusetts federal judge had blocked the rule, calling it discriminatory, but the Trump administration appealed to the Supreme Court — and has now won a temporary reprieve.
Reactions Across the Country
The decision has sparked strong reactions on both sides of the political spectrum.
Supporters, including U.S. Attorney General Pam Bondi, called it “a victory for common sense,” saying it simply upholds factual documentation. “There are two sexes, and our attorneys will continue fighting for that simple truth,” Bondi wrote on social media.
But advocacy groups called the move dangerous and dehumanizing. The American Civil Liberties Union (ACLU) said in a statement:
“Forcing transgender people to carry passports that out them against their will increases their risk of harassment and violence. This is a heartbreaking setback for the freedom of all people to live as themselves.”
Internationally, even U.S. allies are responding. The Canadian government recently warned citizens traveling with “X” gender markers that they may face difficulties entering the United States under the new policy.Continue reading…
