Decision by high court’s conservative majority is Trump administration’s latest win on emergency docket

The supreme court on Thursday allowed Donald Trump’s administration to enforce a policy blocking transgender and non-binary people from choosing passport sex markers that align with their gender identity.

The decision by the high court’s conservative majority is Trump’s latest win on the high court’s emergency docket, and it means his administration can enforce the policy while a lawsuit over it plays out. It halts a lower-court order requiring the government to keep letting people choose male, female or X on their passport to line up with their gender identity on new or renewed passports.

Pam Bondi, the US attorney general, hailed the decision, saying in a post on X: “Today’s stay allows the government to require citizens to list their biological sex on their passport. In other words: there are two sexes, and our attorneys will continue fighting for that simple truth.”

Meanwhile, the court’s three liberal justices dissented, with Justice Ketanji Brown Jackson calling the decision a “pointless but painful perversion”.