Supreme Court Ends ‘X’ Gender Marker on US Passports: What Travelers Need to Know

Updated November 7, 2025 – In a landmark decision, the US Supreme Court has upheld the policy requiring US passports to list only male or female based on biological sex at birth, effectively ending the use of the ‘X’ gender marker for nonbinary, intersex, and gender non-conforming individuals.

Introduction

The US Supreme Court’s recent ruling on passport gender markers marks a significant policy shift for transgender and nonbinary Americans seeking international travel documents. On November 6, 2025, the Court issued an unsigned order allowing the State Department to enforce a binary gender system—male (“M”) or female (“F”)—based on biological sex at birth. This decision reverses the ‘X’ marker policy introduced in October 2021 under the Biden administration.

Why does this matter for US passport gender markers? Passports serve as primary proof of identity abroad, and gender listings impact everything from security screenings to legal recognition. This ruling, stemming from a challenge by the American Civil Liberties Union (ACLU), highlights ongoing debates over biological sex on passports versus self-identified gender. For travelers, understanding this change is crucial to avoid delays in passport applications or renewals.

Analysis

Background on Passport Gender Policies

US passport gender designations have evolved over decades. Historically, only “M” or “F” were options, reflecting biological sex at birth as recorded on birth certificates. In April 2022, the State Department fully implemented the ‘X’ marker following a 2021 announcement, allowing nonbinary individuals to select it without medical certification.

Following the 2024 election, the incoming Trump administration, effective January 2025, reinstated the binary policy. This prompted lawsuits, including one where a federal district judge ordered the resumption of ‘X’ markers. The Justice Department appealed, securing emergency relief from higher courts, culminating in the Supreme Court’s intervention.

The Supreme Court’s Reasoning

The Court’s brief order compared the sex marker to immutable facts like date or country of birth, stating it “attests to a historical fact” without imposing differential treatment. The conservative majority—bolstered by three Trump appointees—prevailed, with the three liberal justices dissenting. This aligns with recent rulings emphasizing biological definitions in contexts like sports and bathrooms.

Critics argue this ignores intersex conditions (affecting about 1.7% of births, per UN estimates) and evolving gender recognition standards. Supporters view it as restoring clarity for international interoperability, as most countries recognize only binary markers.

Summary

In summary, the Supreme Court on November 6, 2025, granted the Trump administration’s request to pause a lower court order, maintaining the binary US passport gender options (M or F) based on sex at birth. The ‘X’ marker is suspended pending full litigation in lower courts. This affects new applications, renewals, and existing ‘X’ passports, though no immediate invalidation of prior documents was ordered.

Key Points

Practical Advice

How to Apply for a US Passport Now

Applicants must provide a birth certificate or equivalent showing sex at birth. If it conflicts with current identity, contact the State Department for options like physician letters (pre-2022 practice). Renewals follow the same rules—expect processing times of 6-8 weeks standard, longer for corrections.

Tips for Transgender and Nonbinary Travelers

Use Form DS-11 for new passports, DS-82 for renewals. Double-check gender fields match supporting documents. For travel, carry additional ID like driver’s licenses with preferred markers. Internationally, research destination policies—over 100 countries issue third markers, but binary dominates.

Pro tip: Apply early. The State Department website (travel.state.gov) offers checklists for passport gender marker changes.

Points of Caution

• Delays Possible: Ongoing litigation may cause temporary halts; monitor updates.
• International Risks: Some countries may question non-matching IDs, leading to entry denials.
• No Retroactive Changes: Cannot amend existing passports to ‘X’ post-ruling.
• Privacy Concerns: Biological sex is public on passports, potentially outing individuals.
• State Variations: Birth certificates vary by state; some allow amendments, but passports prioritize originals.

Comparison

US vs. Global Passport Gender Practices

The US now aligns with conservative nations like Japan and Russia (binary only). Progressive countries differ:

This ruling positions the US as an outlier among Western allies, potentially complicating travel for dual citizens.

Legal Implications

The decision has narrow immediate effects but broad precedents. It reinforces biological sex as a “historical fact” in federal documents, echoing rulings like Bostock v. Clayton County (2020) distinctions between sex and gender identity. No equal protection violation was found, as markers are administrative, not discriminatory.

Future Litigation

The ACLU plans appeals; outcomes could reach SCOTUS again by 2027. States may challenge federally, but passports are exclusive federal domain under 22 U.S.C. § 211a. Internationally, it complies with ICAO standards favoring machine-readable binary fields.

Rights Affected

Transgender individuals retain rights to name/gender changes via courts, but passports prioritize birth records. No privacy right to conceal sex exists, per precedents.

Conclusion

The Supreme Court’s decision to end the ‘X’ gender marker on US passports underscores a return to binary classifications rooted in biological sex at birth. While controversial, it prioritizes document uniformity for global travel security. Nonbinary and transgender Americans should prepare by aligning IDs and staying informed on policy shifts. This ruling, though temporary pending lower court reviews, signals deeper cultural and legal divides on gender recognition. Travelers: Verify your passport status today to ensure seamless journeys ahead.

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