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Trump admin asks Supreme Court to allow it to enforce passport sex designation policy

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The Trump administration on Friday asked the Supreme Court to permit enforcement of a passport policy requiring transgender and nonbinary applicants to list their sex as male or female according to their birth certificate.

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In its filing Friday, the administration argued, “Private citizens cannot force the government to use inaccurate sex designations on identification documents that fail to reflect the person’s biological sex — especially not on identification documents that are government property and an exercise of the President’s constitutional and statutory power to communicate with foreign governments.”

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On Jan. 20, President Trump signed an executive order directing the federal government to recognize only male or female designations based on “an individual’s immutable biological classification.” The order instructed the State Department to issue official documents, including passports, in line with that standard.

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A federal judge in Massachusetts later ruled the State Department must provide transgender and nonbinary applicants with passports reflecting the gender designation they select. The 1st Circuit Court of Appeals declined to block that order while the case moves forward, prompting the administration to appeal to the Supreme Court.

This is a breaking news story. Please check back for updates.