THE ESSEX FILES: The Supreme Court's Passport Ruling Is a Necessary Return to Reality

AP Photo/Susan Walsh

The Supreme Court's recent order allowing the Trump administration to enforce its passport policy on sex markers is no radical departure from reason. It is a straightforward affirmation of biological truth over ideological experimentation, handed down in a brief, unsigned decision that cuts through the noise with precision. By halting a lower court's mandate to permit male, female, or X designations based on self-identification, the justices have reminded us that government documents serve a practical purpose: to record verifiable facts, not fluid feelings.

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READ MORE: Supreme Court Issues Ruling in Support of Team Trump on Passports for Nonbinary, Transgender


Consider the policy's roots. Passports have included sex markers since the mid-1970s, a convention rooted in the binary reality of human biology. Early changes required medical documentation, a nod to genuine medical transitions. But under President Biden in 2021, that threshold vanished, ushering in an era where anyone could opt for an X marker without evidence — a concession to years of litigation that prioritized activism over accuracy. 

Trump's January executive order reversed course, insisting that the United States recognize only two sexes, male and female, as determined by birth certificates and immutable biology. The State Department followed suit, and now, with the court's backing, that standard holds while litigation unfolds. The majority's logic is unassailable: Requiring a sex-at-birth marker is no different from listing one's country of birth.

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Both attest to historical fact, without favoring one group over another. This isn't discrimination; it's consistency. The government's interest in clear, uniform identification for international travel — where borders demand certainty, not ambiguity — outweighs the demands of a vocal minority. Solicitor General D. John Sauer put it bluntly in his appeal, drawing on the court's recent upholding of restrictions on gender-transition care for minors: The Biden policy peddled inaccuracy, and accuracy matters.

Critics, predictably, cry foul. Justice Ketanji Brown Jackson's dissent warns of "immediate infliction of injury," citing transgender travelers' fears of harassment at airports — tales of strip searches and accusations of fraud that, while harrowing, stem from mismatched documents, not the documents themselves. The ACLU's Jon Davidson calls it a "heartbreaking setback," fueling violence against those who "carry passports that out them against their will."

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Transgender actor Hunter Schafer's anecdote of receiving a male marker despite her preferences underscores the personal sting.

These stories are designed to tug at the heart, but they evade the core issue: Passports are not therapy sessions. They are tools for secure passage, and blurring biological distinctions invites chaos — from heightened security risks to diplomatic tangles abroad.

Trump, elected on a promise to excise "woke gender ideology" from federal writ, delivers here without fanfare. White House spokeswoman Anna Kelly hailed it as a "victory for common sense," and Attorney General Pam Bondi doubled down: There are two sexes, a "simple truth" worth defending.

The court's three liberals aside, this aligns with nearly two dozen emergency orders favoring the administration since Trump's return — a pattern that prioritizes executive prerogative in foreign affairs over judicial overreach.

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In the end, this isn't about denying dignity. It's about drawing lines where biology and bureaucracy intersect. The Supreme Court has given us permission to exhale: Facts endure, even in passports. As the case proceeds, let us hope lower courts follow suit, lest we trade clarity for confusion in the name of compassion.

Editor’s Note: The Schumer Shutdown is here. Rather than put the American people first, Chuck Schumer and the radical Democrats forced a government shutdown for healthcare for illegals. They own this.

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