Trans Up Front Statement Condemning the Supreme Court's Decision to Block People from Choosing Markers that Align with Their Gender.
On Thursday, the Supreme Court released an order allowing the Trump Administration to implement its discriminatory policy regarding gender markers on U.S. passports, even as lawsuits challenging such policy are pending in the lower courts.
It is the product of five of six conservative justices allowing this administration to continue its campaign to erase TGNC people. The order contains no research or justification, and reflects a complete disregard for the rights and safety of TGNC and intersex people. Justice Ketanji Brown Jackson calls the ruling a “pointless but painful perversion of our equitable discretion.” We agree.
This disappointing ruling injects uncertainty into what should be an unproblematic process that allows trans, gender diverse and intersex people to accurately represent their gender identity on their passports and travel safely internationally.
As Justice Jackson and many others point out, it has been possible for people “to obtain U.S. passports with sex markers that match their gender identity” since 1992. It is unclear if the administration will now invalidate “X” markers or otherwise forcibly change markers on passports already issued or in the application process.
In the meantime, we call on our communities to fight back, stand in unity with, and support all TGNC people who want only to live - and travel - with dignity and safety.
Other comments and resources
SCOTUS Rules Against Trans People’s Passport Gender Markers In Shadow Docket Ruling (Erin in the Morning)
SCOTUS lets Trump administration implement anti-trans, anti-nonbinary passport policy (Law Dork)
Opinion | The Supreme Court’s Gender Passport Ruling Isn’t About ID - The New York Times
Elusive Discrimination - Chase Strangio