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SCOTUS Passport Ruling: A Distraction from the Real Issue

11 0
10.11.2025

Photo by Blake Guidry

“Displaying passport holders’ sex at birth,” the US Supreme Court held in a short, unsigned ruling on November 6, “no more offends equal protection principles than displaying their country of birth.”

The case, Trump v. Orr, concerns a Trump administration policy of requiring that “sex at birth,” rather than “gender identity,” be displayed on US passports. The ruling allows that policy to stand — reversing a lower court’s stay on its enforcement — while the matter continues to work its way through the lower courts.

Here’s what the plaintiffs in the case say they’re after: “[T]he same thing millions of Americans take for granted: passports that allow them to travel without fear of misidentification,........

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