Case #25-1579
U.S. Supreme Court Interim Docket – October 27th-31st
What’s At Stake
What is the case about?
The Supreme Court is done hearing oral argument for the month of October, but is not done making major rulings. There are several cases currently on the court’s interim docket, or sometimes referred to as the court’s emergency docket. In Trump v. Orr, the administration has asked the high court to allow the government to implement its policy for sex designations on passports. As part of complying with the President’s Executive Order “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” the administration seeks to classify people based on their immutable biological classification as either male or female.
Who is affected and how?
Anyone who holds or applies for a United States passport is affected by the court’s decision.
Why does it matter?
The current passport policy that was put in place by the Biden administration allows passport applicants to select the sex marker of their choice or gender identity. This policy is in direct conflict with President Trump’s executive order and presents numerous immigration, law enforcement, and national security concerns. Passports are legal documents used for identification, and biological sex rather than self-declared gender ensures that these documents remain consistent, reliable, and fact-based.
Our Take
The case has been fully briefed, which means the decision could come any day. Independent Women believes the administration’s policy of requiring passports to reflect the holder’s biological sex is clearly constitutional. The policy is based on a long-standing legitimate governmental interest in using biological sex on legal documents, and since the government has authority over passports, they have the right to determine how passports are structured and how information is recorded. It seems likely that SCOTUS will agree.
