Trump gets big victory from Supreme Court, lower court’s decision on transgender overturned

US passport

In America, the freedom of transgenders has now been abolished in passports. Now in the country there is freedom to write only two types of gender on the passport, male or female. The US Supreme Court on Thursday allowed President Donald Trump’s administration to implement the policy of limiting the gender marker on passports to only male or female. With this decision, the orders of the lower courts have been overturned and a heated debate has erupted regarding transgender rights and security in the country.

After this decision, the Trump administration can now implement this policy, while the hearing of the case filed against it will continue. The court has stayed the order of the lower court, which said that the US State Department should allow people to choose M, F or X option according to their gender identity in the passport application.

Court gave permission to implement Trump’s policy

According to the agency Associated Press, three liberal judges of the Supreme Court opposed this decision. This decision is being seen as another victory for the Trump administration. Since the beginning of its second term, the Supreme Court has issued about two dozen temporary orders in favor of the Trump government, which were related to different policy disputes. These also include the order which barred transgender persons from serving in the US Army.

In an unsigned order, the Supreme Court’s conservative majority said the policy does not violate principles of equal protection. The court wrote, showing a person’s sex recorded at birth on a passport is as common as showing his birthplace. In both cases the government is only mentioning a historical fact and not discriminating against anyone.

the policy was opposed

Justice Ketanji Brown Jackson, along with two other liberal judges of the court, strongly opposed this decision. They warned that the decision would put transgender and non-binary Americans at risk.

Jackson wrote, the court has once again opened the door to immediate harm to people without any good — or frankly any — solid reason. He argued that this policy was inspired by Trump’s executive order, which described transgender identity as false and harmful.

Jackson said many plaintiffs faced strip-searches at airports, sexual harassment or allegations of using false documents because the gender listed on their passports did not match their external gender presentation.

What did the court say?

The Supreme Court majority argued that halting this policy would harm the government’s passport management capacity and the President’s foreign policy authority. The dissenting judges said that there is no clear connection between personal identity documents and foreign policy.

What is Trump’s policy?

This passport policy began with Trump’s January executive order, which said that the US would recognize only two genders – male and female and it would be based on birth certificate and biological classification.

  1. Sex markers were first included in US passports in the 1970s.
  2. Until the early 1990s, applicants could change this through a doctor’s note.
  3. In 2021, under President Joe Biden, the State Department removed documentation requirements and introduced the

Attorney General Pam Bondi welcomed the decision, saying it reinforces the truth that there are only two genders, and she pledged to continue supporting the administration’s position.

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