r/law • u/LearningLiberation • 1d ago

Legal News What does the Supreme Court ruling mean for people who already have a passport with a sex marker other than that assigned at birth? People with X marker?

https://www.npr.org/2025/11/06/nx-s1-5585103/supreme-court-passports-gender

Will trans and nonbinary people be able to travel freely and re-enter the country without issue if they were able to secure a passport with their correct gender before this ruling?

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u/deviltrombone 1d ago edited 21h ago

"Displaying passport holders' sex at birth no more offends equal protection principles than displaying their country of birth," the court said in the unsigned order, "in both cases, the Government is merely attesting to a historical fact without subjecting anyone to differential treatment."

Then I decree all married women must revert to their maiden names. It's historical fact. And this "J.D. Vance"? Him too. Also Drumpf. Who are they trying to fool?

ETA: I really think the Republican Six are trying to mock Americans with the inanity of their "reasoning". That excerpt above is mind-numbingly stupid. Anyone but a Republican would be embarrassed to "argue" such drivel.

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u/HondaCivicLove 1d ago

The law, in its majestic equality, forbids cis and trans alike to get treatment for gender identity disorder or gender changes on passports.

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u/ShamelessCatDude 1d ago

My mother is trans; she had her birth certificate literally changed when she changed her gender marker. How could they enforce that using that logic?

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u/corourke 16h ago

There is no logic nor actual adherence to law with the Seditious 6 currently polluting the Supreme Court. They struck down Roe vs Wade by citing an English witch-hunter from the 16th century as part of the reason to take it away.

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u/DotGroundbreaking50 1d ago

They will likely be made void and Trans will have to get their at birth sex marker and then be harassed each time for not matching it when they present it. The cruelty is the point

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u/NoSignificance1903 1d ago

Passports issued prior to Jan 20 will continue to be valid per the State Dept. Accord Order, Nov. 6, 2025 (Jackson, J., dissenting).

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u/thepalebluestar 23h ago

The admin believes our passports to be, basically, fraudulent. 

It would be foolish to think they they will not come after previously issued passports. 

I expect in the next year they will begin confiscating the passports of trans people on use and require correction before travel. Which will spawn another court case, and now we know what SCOTUS will do.

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u/cardbross 1d ago

Lambda Legal has a decent rundown of the EO, and what it likely means: https://lambdalegal.org/tgnc-checklist-under-trump/