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Tipsheet

SCOTUS Revives Trump's Transgender Passport Rule

SCOTUS Revives Trump's Transgender Passport Rule
AP Photo/J. Scott Applewhite, File

The Supreme Court of the United States ruled 6-3 on Thursday that the Trump administration can require transgender people to display their biological birth sex on passports. 

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The ruling overturns two lower court rulings. 

The 13-page ruling said that the government would suffer a form of irreparable injury absent a stay. 

Beginning in 2021, the Biden administration's State Department allowed applicants to self-select the sex marker that matched their gender identity of X, not their biological sex. 

Massachusetts preliminarily enjoined the Government from enforcing the policy. Then, the First Circuit declined to stay the injunction pending appeal. 

The Trump administration filed a stay application, which the nation’s highest court granted. 


"Displaying passport holders’ sex at birth no more offends equal protection principles than displaying their country of birth—in both cases, the Government is merely attesting to a historical fact without subjecting anyone to differential treatment," the order said. "And on this record, respondents have failed to establish that the Government’s choice to display biological sex “lack[s] any purpose other than a bare . . . desire to harm a politically unpopular group.”

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Supreme Court Justices Elena Kagan, Ketanji Brown Jackson and Sonia Sotomayor dissented.

"The Government also insists that gender identity is not a meaningful basis for identification—strangely begging the question why sex markers are required on passports at all," Jackson wrote. 

"The documented real-world harms to these plaintiffs obviously outweigh the Government’s unexplained (and inexplicable) interest in immediate implementation of the Passport Policy."

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The ruling is a win for the Trump administration, which is trying to repeal many "woke" federal rules.

Editor’s Note: The Schumer Shutdown is here. Rather than put the American people first, Chuck Schumer and the radical Democrats forced a government shutdown for healthcare for illegals. They own this.

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