The Supreme Court stayed a lower court order allowing trans and nonbinary passport self-identification, backing the administration's sex-at-birth rule.
The unsigned emergency order argued displaying sex at birth is a historical fact like country of birth, not unequal treatment.
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Lower Court Found Likely Success For Plaintiffs
Judge Julia Kobik had found plaintiffs likely to succeed and enjoined the policy, citing equal protection and travel harms.
Justice Ketanji Brown Jackson dissented, saying the government offered no evidence of irreparable harm while plaintiffs faced imminent injury.
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Decision Signals Narrower Transgender Protections
Commentators view the order as reinforcing the Court's reluctance to treat transgender status as a protected classification.
Legal analysts say this decision continues a trend reducing heightened scrutiny for transgender claims.
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On Thursday, November 6, the Supreme Court grantedthe Trump administration’s request to temporarily pause a lower court ruling to allow transgender and nonbinary Americans to self-select their sex when applying for a passport. The decision was issued through the court’s emergency docket and was unsigned, though Justice Ketanji Brown Jackson dissented and was joined by Justices Sonia Sotomayor and Elena Kagan.
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