Hopefully Jenner will bring attention to the fact that forcing transgender and nonbinary Americans to carry passports that don't match their gender identity is a clear civil rights violation. A federal judge already found the policy likely discriminatory, noting the government couldn't justify it under basic constitutional standards. Stripping away gender marker options puts real people at risk of harassment and violence when traveling.
The Supreme Court made it clear that requiring passports to reflect biological sex at birth doesn't violate equal protection, any more than listing a passport holder's country of birth does. Transgender status doesn't qualify for heightened constitutional scrutiny, meaning the government has wide latitude to set this policy. This ruling was a decisive legal victory and Jenner must now address its implications.
Given Jenner’s past support for Trump, it raises questions about why she didn't anticipate being affected by policies central to his campaign, which prominently included positions on transgender issues. At the same time, many individuals lack the visibility or access that Jenner has, underscoring broader concerns about how such policies affect people without comparable influence.
© 2026 Improve the News Foundation.
All rights reserved.
Version 7.4.1