Anonymous
11/7/2025, 12:37:42 AM
No.41597107
[Report]
>>41597128
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>>41602042
SCOTUS Rules Against Trans People's Passport Gender Markers In Shadow Docket Ruling
https://www.erininthemorning.com/p/scotus-rules-against-trans-peoples
>In a ruling issued from the shadow docket, the Supreme Court’s conservative majority sided with the Trump administration on an emergency request on transgender passport restrictions—a process historically reserved for true national crises but increasingly deployed to fast-track administration policies. In the unsigned decision, the majority asserted that banning transgender people’s correct gender markers on passports did not constitute differential treatment, while disregarding clear violations of the Administrative Procedure Act and brushing aside the obvious unconstitutional animus embedded in the executive order that enabled the ban in the first place. The ruling leaves transgender people who obtained updated passports under the prior policy in limbo—and all transgender travelers facing profound uncertainty—as the administration now weighs further actions against their documents under a Court that has signaled it is willing to greenlight those efforts.
>The passport gender marker ban, which began early in the Trump administration, was blocked after judges found the executive orders behind it—orders that branded transgender people “wrong,” “dishonorable,” and “socially coercive”—were likely discriminatory on their face and in violation of US law. The passport policy had sown chaos in the transgender community, leaving some passport applications frozen for months. Following lower court decisions blocking the passport policy, the Trump administration began allowing transgender people to update their passports if they signed an attestation document, while assuring that those who had their passports updated before the policy was enacted that they would be allowed to use those passports until they expire.
>In a ruling issued from the shadow docket, the Supreme Court’s conservative majority sided with the Trump administration on an emergency request on transgender passport restrictions—a process historically reserved for true national crises but increasingly deployed to fast-track administration policies. In the unsigned decision, the majority asserted that banning transgender people’s correct gender markers on passports did not constitute differential treatment, while disregarding clear violations of the Administrative Procedure Act and brushing aside the obvious unconstitutional animus embedded in the executive order that enabled the ban in the first place. The ruling leaves transgender people who obtained updated passports under the prior policy in limbo—and all transgender travelers facing profound uncertainty—as the administration now weighs further actions against their documents under a Court that has signaled it is willing to greenlight those efforts.
>The passport gender marker ban, which began early in the Trump administration, was blocked after judges found the executive orders behind it—orders that branded transgender people “wrong,” “dishonorable,” and “socially coercive”—were likely discriminatory on their face and in violation of US law. The passport policy had sown chaos in the transgender community, leaving some passport applications frozen for months. Following lower court decisions blocking the passport policy, the Trump administration began allowing transgender people to update their passports if they signed an attestation document, while assuring that those who had their passports updated before the policy was enacted that they would be allowed to use those passports until they expire.
