Supreme Court Allows Trump Administration to Deny Changes to Gender Markers on Passports
The U.S. Supreme Court issued a ruling allowing the Trump Administration’s policy on gender and passports to proceed. The Administration no longer issues passports or Consular Report of Birth Abroad (CRBAs) with an “X” marker or a sex designation different from that listed at birth. The ruling overturns a lower court order pausing Trump's policy while litigation continues. While this is not a final ruling on the policy, it does signal that the Supreme Court likely would allow the policy to proceed should there be further challenges.
U.S. citizens holding a passport listing a sex other than one listed at birth or with a X marker can continue to use their current passports for the length of their validity. Renewals no longer allow the X designation and will be issued according to the sex at birth.
If you would like to learn more, please contact the Pryor Cashman attorney you work with or one of the attorneys in our Immigration Practice.
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Associate Mary Connelly was a contributing author to this client alert.
