Only man or woman in passport - what the US ruling means for millions of people

Published on: November 14.2025Categories: LegalReading time: 2 min.
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Nora Wölflick writes about interesting, current topics for the Love & Law Blog at Recht 24/7.

Image: mark reinstein / Shutterstock.com

Court says: Only two genders - period.

The US Supreme Court has made a decision that will hit many people hard: American passports will now only show "male" or "female". No more "X" for non-binary or trans people. And there will also be no room for the gender with which someone actually identifies - the only decisive factor will be what was stated at birth in the hospital.

The judges with a conservative majority say that this is not discrimination. For them, the registered gender is simply a "historical fact", comparable to the country of birth. That's it. The passports should therefore not show how someone lives or who they are, but how they were born. No matter what that means for everyday life.

Trans people warn: This decision endangers lives

Three of the judges took a different view. They warned that the decision would cause real harm. This is because many trans people regularly experience problems at airports or during checks: they are looked at obliquely, searched or even accused of using false documents. The reason: photo, name and gender information do not match - or do not match what others expect.

In a complaint, those affected described how such situations repeatedly put them in fear - of harassment, violence or simply humiliating questions. Nevertheless, the conservative majority prevailed. And even if the ruling is not yet final, the message is clear: identity has no place in US documents right now.

Germany does it differently

In Germany, things have long since moved on: with the new self-determination law, every adult can simply change their gender and first name at the registry office - without a court, without an expert opinion, without drama. In addition to "male" and "female", "diverse" or an "X" can also appear on the ID card. And it works. Within a year, over 22,000 people have taken this step.

This shows that there is a real need - and a need to be seen legally as you are. Nobody is demanding that others change. But everyone should have the opportunity to not be seen as "wrong" in documents.

Comment: Your passport of all things decides who you are?

An ID card is more than just paper - it is also a reflection of identity. Anyone who reads "male" on it, even though they feel like a woman (or vice versa), is reminded at every check that the state sees them differently than they see themselves. And that's not just unpleasant - it can be dangerous.

The fact that the highest US court is now going back to a rigid two-gender logic seems out of date. It is as if they are trying to squeeze an increasingly colorful society into black and white. Yet countries like Germany have long shown that things can be done differently - and that more freedom on paper doesn't hurt anyone, but makes life easier for many.

Find out how the US ruling affects your rights. Get a consultation with our passport law experts now!

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