In early November 2025, the Supreme Court allowed the Trump administration to enforce its policy that restricts gender markers on U.S. passports to “Male” (M) or “Female” (F), based on the sex listed on the applicant’s birth certificate. This policy will remain in effect while the underlying lawsuit proceeds through the lower courts.
The ruling allows the Trump administration’s policy, stemming from a January 2025 executive order, to be enforced. This policy eliminates the option for “X” (gender-neutral) markers and prohibits applicants from choosing a sex marker that aligns with their gender identity if it differs from their birth certificate.
The Supreme Court’s order halts a lower court injunction that had temporarily blocked the policy and required the government to allow applicants to self-select M, F, or X based on their gender identity.
Importantly, passports that already have an “X” marker or a gender marker that aligns with the holder’s gender identity (not their birth certificate) remain valid until their expiration date. The restriction applies to new applications, renewals, or replacements.
The order is temporary and is in effect only while the government appeals the initial injunction in the lower courts. The overall lawsuit challenging the policy is ongoing.
