Justice Department argues against judge’s ruling that allows nonbinary and transgender people to choose their sex marker, including an “X.”
The Trump administration on Friday requested the Supreme Court to intervene and block a lower court order that permits transgender and nonbinary individuals to select a sex marker for their passports. The request comes as a federal judge’s ruling, which allows for male, female, or “X” designations, is being challenged by the Department of Justice.
The dispute stems from a lawsuit filed in response to a presidential executive order that mandated individuals choose a sex marker based on their biological gender.
According to the plaintiffs in the case, some transgender people had their applications returned with altered designations, while others became fearful of submitting their applications at all.
The Justice Department, in its filing to the Supreme Court, asserts that the government cannot be compelled to use sex designations on official documents that it considers inaccurate.
This position is in direct opposition to the judge’s ruling, which found the administration’s policy was likely unconstitutional. The preliminary injunction issued by the lower court has allowed certain transgender and nonbinary people to obtain passports with sex markers consistent with their gender identity, or with an “X” designation, while the broader lawsuit proceeds.
The Supreme Court’s decision to take up the case would determine the immediate future of passport applications for a vulnerable community and could set a precedent for future identity-related legal challenges.
READ: Trump Admin Seeks Supreme Court Intervention To Oust Lisa Cook From Fed Board
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