This Supreme Court decision regarding sex designations on passports raises concerns about the safety of transgender people and the future of their liberties under the current administration.

Washington, D.C. – On Thursday, November 6, the U.S. Supreme Court issued a decision relating to Trump v. Orr, granting a request for stay and allowing President Donald Trump’s administration to prevent transgender and nonbinary people from choosing passport sex markers that align with their gender identity. The Court’s decision blocks a district court order that would have allowed trans and nonbinary people to select male, female, or X on their passports while the lawsuit plays out.

Justice Ketanji Brown Jackson dissented alongside Justices Sonia Sotomayor and Elena Kagan, writing that “The Court has once again paved the way for the immediate infliction of injury without adequate (or, really, any) justification. Because I cannot acquiesce to this pointless but painful perversion of our equitable discretion, I respectfully dissent.” She also wrote that the policy stemmed directly from Trump’s executive order that described transgender identity as “false” and “corrosive.”

The ruling said: “Displaying passport holders’ sex at birth no more offends equal protection principles than displaying their country of birth — in both cases, the Government is merely attesting to a historical fact without subjecting anyone to differential treatment.”

“This is a dangerous, discriminatory, cruel, and regressive decision targeting a community that’s already incredibly vulnerable,” said Darra Gordon, Family Equality’s CEO. “Family Equality will always support the lives and liberties of our trans and nonbinary siblings. We must continue advocating to ensure that the final ruling of Trump v. Orr extends fundamental dignity and respect to trans and nonbinary people. Together, our movement toward justice, equity, and compassion continues.”

Trump v. Orr was initially filed by the American Civil Liberties Union, the ACLU of Massachusetts, and Covington and Burling LLP, on behalf of 12 trans and nonbinary individuals in February 2025. The lawsuit is still in progress.

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If you are affected by this case, reach out to our Vice President of Public Policy, Luce Remy, for resources at [email protected].