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The U.S. Supreme Court issued a ruling allowing the Trump Administration's policy on gender and passports to proceed. The Administration no longer issues passports or Consular Report of Birth Abroad (CRBAs) with an "X" marker or a sex designation different from that listed at birth. The ruling overturns a lower court order pausing Trump's policy while litigation continues. While this is not a final ruling on the policy, it does signal that the Supreme Court likely would allow the policy to proceed should there be further challenges.
U.S. citizens holding a passport listing a sex other than one listed at birth or with a X marker can continue to use their current passports for the length of their validity. Renewals no longer allow the X designation and will be issued according to the sex at birth.
Associate Mary Connelly was a contributing author to this client alert.
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