The Supreme Court asked to apply transgender passport policy restrictions

Friday, the administration of President Donald Trump asked the Supreme Court to allow the application of a passport policy forcing transgender and non -binary candidates to list their sex as a man or woman according to their birth certificate.

Due to a lower judicial order, transgender and non -binary persons can receive passports with a “X” identification marker instead of a man or a woman. The Ministry of Justice called on this order, reported the Associated Press.

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Friday, in his file, lawyers of the Ministry of Justice argued that “private citizens cannot force the government to use inaccurate sex designations on identification documents which do not reflect the biological sex of the person – in particular not on identification documents which are government goods and a exercise of constitutional and statutory power of the president to communicate with foreign governments”.

President Donald Trump speaks to journalists as he leaves the White House in Washington, Sunday, September 7, 2025. (AP photo / Jose Luis Magana)

On January 20, President Trump signed an executive decree ordering the federal government to recognize that male or female designations according to the “immutable biological classification of an individual”.

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The order asked the State Department to issue official documents, including passports, in accordance with this standard.

Folder photo: The facade of the Supreme Court building at dusk is presented here. (Drew Angerer / Getty Images)

A federal judge of Massachusetts later ruled that the State Department must provide transgender and non -binary candidates with passports reflecting the designation of gender they select.

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The 1st Circuit Court of Appeals refused to block this order while the case is advancing, which prompted the administration to appeal to the Supreme Court.

File photo: A person holding a passport in the United States with the logo of the State Department visible in Lafayette, California, May 23, 2023. (Smith Collection / Gado / Getty Images)

For more than three decades before the Trump administration, the State Department allowed people to update the sexual designation on their passports.

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In 2022, the Biden administration introduced the option so that the candidates choose “X” as a non -sexist designation and to select “M” or “F” to indicate a man or a woman, according to Reuters.

Bill Mears and Shannon Bream from Fox News contributed to this report.