FROM NBC NEWS: The Trump administration has asked the Supreme Court to allow it to enforce a policy that would restrict sex designations on passports to “male” and “female” based on sex assigned at birth.
The president and State Department are seeking to reverse a policy introduced by the Biden administration in 2021 that allowed transgender and nonbinary people to self-select their gender or put “X” as an alternative. A lower court issued an injunction earlier this year allowing that policy to continue.
The filing seeks a stay of the order “pending the consideration and disposition of the government’s appeal to the United States Court of Appeals for the First Circuit and pending any further review in this Court.”
Solicitor General D. John Sauer stetes in the filing that the new Trump policy is “eminently lawful.”
“The Constitution does not prohibit the government from defining sex in terms of an individual’s biological classification,” the filing says, adding that the injuction “has no basis in law or logic.”
“Indeed, just as it would not be discrimination based on national origin to define a person’s national origin as the person’s birth country rather than the country with which the person self-identifies, so too it is not discrimination based on sex to define a person’s sex as the person’s immutable biological classification rather than the sex with which the person self-identifies,” the filing says.
The plaintiffs are represented in part by the American Civil Liberties Union, NBC News notes.
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