Supreme Court revives Trump's transgender and nonbinary passport policy

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SCOTUSThe Supreme Court on Nov. 6 put back in place the Trump administration’s requirement that passports identify someone by their biological sex at birth, another ruling for President Donald Trump’s policies that stem from his assertion that someone’s sex cannot be changed.

Over the objections of the cohurt's three liberals, a majority of the justices paused a lower court’s ruling blocking Trump’s passport policy for transgender and nonbinary people while it’s being challnged in court.

The high court previously allowed Trump’s ban on transgender people serving in the military to go into effect before courts have decided if it’s legal.

On Trump's first day back in office, he issued an executive order requiring the federal government to only “recognize two sexes, male and female,” declaring “these sexes are not changeable.” 

The president required the State Department to issue passports that “accurately reflect the holder’s sex” based on that definition.

The Biden administration had allowed people to choose a nonbinary “X” identification marker and eliminated a medical documentation requirement for requests to change a gender marker.

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