No X Option: Trump Wants Birth Sex Back on Passports

What Happened

The Trump administration has asked the U.S. Supreme Court to reinstate a federal policy that requires passports to list a person’s gender as either male or female, based on their birth certificate. This request follows a lower court ruling that allowed individuals to list a nonbinary ‘X’ gender marker or a gender identity that differs from their official birth record.

The administration’s position is tied to an executive order signed earlier this year that directs federal agencies to define sex as either male or female, based strictly on biological classification. Officials argue that including an “X” or self-identified gender on a passport misrepresents legal and biological facts, potentially undermining document accuracy and complicating international travel.

The Biden-era policy allowing self-designated gender markers had been implemented by the State Department in 2021. The Trump administration’s challenge seeks to roll that back, reinstating the traditional binary standard across all federal identification documents.

Why It Matters

This case centers on how the federal government defines sex and whether that definition should reflect biology or personal identity. For the Trump administration, the issue is one of clarity, consistency, and legal accuracy in official records.

The administration argues that passports must reflect objective, verifiable information, especially for international use. They believe a range of gender identities could introduce confusion at borders or in countries that do not recognize nonbinary classifications.

The legal argument also touches on executive authority, as the administration maintains that it has the right to set standards for federal documents through executive orders and agency policy. Opponents argue that the change could be unconstitutional under the Equal Protection Clause and may unfairly burden individuals whose gender identity differs from their birth certificate.

How It Affects You

If the Supreme Court sides with the Trump administration, only “male” and “female” options would be permitted on U.S. passports, based on birth records. This would standardize the system and align U.S. documents with most other countries, which only recognize binary markers.

For travelers, the system could streamline interactions with foreign governments and reduce inconsistencies between U.S. and international documents. For federal agencies, it would simplify recordkeeping and enforcement, possibly influencing how other forms of identification are managed.

The case may also shape how future administrations handle identity documentation. Its outcome could define how identity is recorded and verified nationwide for years to come.