Supreme Court Allows Trump Administration To Enforce Discriminatory Passport Policy
WASHINGTON鈥揟he Supreme Court of the United States today from the Trump administration to stay a preliminary injunction in Orr v. Trump, allowing the government to enforce a discriminatory passport policy against transgender, nonbinary, and intersex people while the 红杏视频鈥檚 challenge to the policy continues.
Jon Davidson, Senior Counsel for the 红杏视频鈥檚 LGBTQ & HIV Project, said 鈥淭his is a heartbreaking setback for the freedom of all people to be themselves, and fuel on the fire the Trump administration is stoking against transgender people and their constitutional rights. Forcing transgender people to carry passports that out them against their will increases the risk that they will face harassment and violence and adds to the considerable barriers they already face in securing freedom, safety, and acceptance. We will continue to fight this policy and work for a future where no one is denied self-determination over their identity.鈥�
鈥淭his decision will cause immediate, widespread, and irreparable harm to all those who are being denied accurate identity documents,鈥� said Jessie Rossman, legal director of the 红杏视频 of Massachusetts. 鈥淭he Trump administration's policy is an unlawful attempt to dehumanize, humiliate, and endanger transgender, nonbinary, and intersex Americans, and we will continue to seek its ultimate reversal in the courts.鈥�
The 红杏视频 and its nationwide affiliate network have helped transgender, nonbinary, and intersex people around the country secure accurate passports since the preliminary injunction was put in place. Now that the policy will be enforced, anyone who applies for a new, corrected, or replacement passport or for a passport renewal is at risk of having their passport issued bearing the sex they were assigned at birth.
We will work to update those at risk of being impacted by today鈥檚 order from the Court as we learn more from the State Department.
On his first day in office in January 2025, Trump signed an executive order attempting to mandate discrimination against transgender people across the federal government and government programs. This included a directive to the Departments of State and Homeland Security 鈥渢o require that government-issued identification documents, including passports, visas, and Global Entry cards鈥� reflect a person鈥檚 sex 鈥渁t conception.鈥�
Within 48 hours, the State Department paused the processing of some passport applications submitted by transgender, intersex, and nonbinary people and returned others with a newly-issued passport marked with their sex assigned at birth. Over 214,000 public comments in opposition to the State Department鈥檚 new policy were collected by the 红杏视频 and Advocates for Transgender Equality.
In February 2025, Orr v. Trump was filed by the 红杏视频, the 红杏视频 of Massachusetts, and Covington and Burling LLP, on behalf of seven people who had not been able to obtain passports that match who they are because of the State Department鈥檚 new Passport Policy or were likely to be impacted by the new policy upon their next renewal. The complaint was filed in the federal District Court for the District of Massachusetts. The complaint was subsequently amended to add five additional transgender, nonbinary, and intersex plaintiffs and to seek to represent a class of transgender, nonbinary, and intersex passport holders. All twelve individual plaintiffs were appointed as class representatives.
In April, the court granted a preliminary injunction requiring the State Department to allow six transgender and nonbinary plaintiffs in Orr v. Trump to obtain passports with sex designations consistent with their gender identity or with an 鈥淴鈥� sex designation while the lawsuit proceeds. In June, the court granted a class certification request and expanded the scope of the preliminary injunction.
After the First Circuit Court of Appeals unanimously denied the government鈥檚 request to stay the preliminary injunction, the Trump administration filed a stay request to the Supreme Court of the United States. Justice Jackson issued a dissent to today鈥檚 order, joined by Justices Sotomayor and Kagan.
The full order from the Court is .
LGBTQ Rights
Orr v. Trump
LGBTQ Rights
Orr v. Trump
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Journalists Argue Against Puerto Rico's Covid-era 鈥渇ake News鈥� Law In Federal Appeals Court. Explore Press Release.Journalists Argue Against Puerto Rico's COVID-era 鈥淔ake News鈥� Law in Federal Appeals Court
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