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Trump asks US Supreme Court for enforcement of passport policy against transgender people

The administration of President Donald Trump asked the U.S. Supreme Court to allow it the ability to block the issue of passports which reflect the gender identity of transgender or nonbinary Americans on Friday.

The Justice Department has filed an urgent request to lift the order of a federal court that prevents the U.S. State Department enforcing Trump's policy.

The executive order Trump signed on January 20, after he returned to office, directing the government only to recognize two biologically distinct genders, male and feminine.

In court documents, the administration argued that "the judge's order has no basis in law or logical."

The Justice Department wrote that "private citizens cannot force government officials to use incorrect sex designations in identification documents, especially when they are government-owned and represent the president's constitutionally and statutorily granted power to communicate with other governments."

In April, U.S. District Court Judge Julia Kobick of Boston issued a preliminary order that stopped the implementation of the policy for six of seven transgenders and nonbinary individuals who had sued to contest the policy. She then expanded the scope to stop the policy from being enforced against all transgender, intersex and nonbinary passport holders who were in a similar situation.

Kobick is an appointee by Democratic former President Joe Biden. He found that State Department policy violated the Fifth Amendment of the U.S. Constitution, which guarantees equal protection to transgender Americans.

The Boston-based 1st U.S. The Circuit Court of Appeals in Boston declined to suspend the judge's order on September 4, prompting the Trump Administration to request the Supreme Court.

The ACLU (the civil liberties group that represents the plaintiffs) did not respond immediately to a comment request.

Before Trump's election, the State Department allowed passport holders to update their sex designation for over three decades.

Biden's administration in 2022 allowed passport applicants to select "X" on their passport application as a neutral gender marker and self-select either "M" for males or "F" (for females) to indicate whether they are males or women.

Trump's executive orders defined "sex", as "an individual’s immutable classification as male or female". The State Department was required to issue passports which "accurately reflected the holder’s sex".

In their submission to the Supreme Court, Justice Department lawyers said that "that policy is eminently legal." The Constitution does not prevent the government from defining sexuality in terms of a person's biological classification. (Reporting from Andrew Chung in Washington and John Kruzel, with additional reporting from Nate Raymond in Boston. Editing by Chizu nomiyama and Howard Goller.

(source: Reuters)