Sex markers began appearing on passports in the mid-1970s and the federal government started allowing them to be changed with medical documentation in the early 1990s, the plaintiffs said in court documents. A 2021 change under President Joe Biden, a Democrat, removed documentation requirements and allowed nonbinary people to choose an X gender marker after years of litigation.

A judge blocked the Trump administration policy in June after a lawsuit from nonbinary and transgender people, some of whom said they were afraid to submit applications. An appeals court left the judge’s order in place.

Solicitor General D. John Sauer then turned to the Supreme Court, pointing to its recent ruling upholding a ban on transition-related health care for transgender minors. He also argued Congress gave the president control over passports, which overlap with his authority over foreign affairs.

So, what happens if/when/since states allow the usage of X on the certificate? Wouldn’t passports need to reflect that since state burth documents are to be given full faith and credit and gender designations are a power reserved ro the states via the 10th Amendment since they don’t affect interstate commerce?