Washington, D.C. – In a decision that has drawn criticism
from activists and civil rights organizations but was applauded by citizens,
the U.S. Supreme Court authorized the administration of former President Donald
Trump to implement a policy requiring that the sex designation on U.S.
passports match applicants' biological sex, not their gender identity.
The ruling, issued Thursday in an unsigned order, represents
a significant setback for the country's transgender and nonbinary community,
which had argued that the measure violated constitutional rights to equality
and freedom of expression of gender identity. With this decision, the high
court temporarily reversed previous rulings by lower federal courts that had
blocked the policy as discriminatory.
The case originated from a lawsuit filed by several
transgender citizens whose passport applications were denied by the State
Department when they attempted to register a gender marker different from the
one on their birth certificates. The plaintiffs argue that this policy exposes
them to risky and humiliating situations when traveling abroad or conducting
official business that requires identification. LGBTQ+ rights advocates, along
with widespread public disapproval, described the decision as a historic setback
that contradicts the principles of inclusion and human dignity. The American
Civil Liberties Union (ACLU) warned that the policy “reinforces stigmas and
limits fundamental rights,” while the Human Rights Campaign stated that the
measure “denies the reality and existence of thousands of trans and nonbinary
people.”
For their part, officials from the former Trump
administration defended the decision, arguing that it seeks to maintain
administrative consistency and accuracy in federal documents. According to
their position, the sex marker on passports must be based on verifiable data,
“not on changing self-identifications.”
The court order adds to a series of recent decisions that
reflect the persistent influence of the conservative agenda on issues of identity
and civil rights, strongly supported by a majority of Americans. Legal experts
point out that the ruling could set a precedent for future controversies
related to the legal recognition of gender on official documents, especially in
a context where the Supreme Court justices are reviewing several cases
concerning the rights of transgender people.