The U.S. Supreme Court sided with the Trump administration in a case over a policy to allow only sex assigned at birth to be used on a passport application. (Photo by Jane Norman/States Newsroom)

WASHINGTON — The U.S. Supreme Court on Thursday allowed President Donald Trump’s administration to continue carrying out, for now, its policy requiring that passports only list a person’s sex assigned at birth.

The nation’s highest court paused a lower court order that temporarily barred the administration from enforcing the policy, codified in an executive order Trump signed in January. 

The executive order made it the “policy of the United States to recognize two sexes, male and female” and called on the State Department to “implement changes to require that government-issued identification documents, including passports, visas, and Global Entry cards, accurately reflect the holder’s sex.” 

Under then-President Joe Biden, the State Department allowed people to “select an ‘X’ as their gender marker on their U.S. passport application.”

In the unsigned court order, the majority noted that “displaying passport holders’ sex at birth no more offends equal protection principles than displaying their country of birth — in both cases, the Government is merely attesting to a historical fact without subjecting anyone to differential treatment.”  

Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson dissented, indicating a 6-3 decision.

Jackson, who authored the dissent, wrote that the court “fails to spill any ink considering the plaintiffs, opting instead to intervene in the Government’s favor without equitable justification, and in a manner that permits harm to be inflicted on the most vulnerable party.” 

“This Court has once again paved the way for the immediate infliction of injury without adequate (or, really, any) justification,” she wrote. “Because I cannot acquiesce to this pointless but painful perversion of our equitable discretion, I respectfully dissent.” 

In February, the American Civil Liberties Union filed a lawsuit against the administration on behalf of seven transgender and nonbinary people over the suspension of the Biden-era policy.

A federal judge in Massachusetts in June temporarily blocked the administration from enforcing the policy. The judge had issued an earlier preliminary injunction in April that applied to six of the case’s plaintiffs. 

The U.S. Court of Appeals for the 1st Circuit kept in place the district court’s order in September, prompting the administration to ask the Supreme Court to intervene.