Below are summaries of two U.S. Supreme Court cases that affect the rights of LGBTQIA+ people.
Orr v. Trump (AKA the “passport case”) – A recently expanded injunction (as of June 2025) issued by a federal judge in Massachusetts has paused enforcement of the Trump administration policy requiring a person’s sex designation at birth to be listed on their passport.
According to the National ACLU, the court certified two classes: the M/F Designation Class and the X Designation Class.
The M/F Designation Class includes all individuals:
- Whose gender identity is different from their sex assigned at birth and/or who have been diagnosed with gender dysphoria and
- Who have applied (or would have applied if not for the Trump Administration’s passport policy) for a U.S. passport with an “M” or “F” designation that is different from their sex assigned at birth.
The X Designation Class includes all individuals:
- Whose gender identity is different from their sex assigned at birth and
- Who have applied (or would have applied if not for the Trump Administration’s passport policy) for a U.S. passport with an “X” designation.
You can apply for a passport with a sex marker consistent with your gender identity if:
- You are part of the M/F Designation Class or the X Designation Class and
- You either:
- Do not have a currently valid passport;
- Need to renew your passport because it expires within one year;
- Need to change your passport to correct your sex designation or reflect a name change; or
- Need to apply for another passport because your passport was lost, stolen, or damaged.
This includes those who, under the Trump administration’s policy, were previously sent a passport with a sex designation listing their sex assigned at birth after applying for a new, renewed, or replaced passport, and/or a changed name or sex marker. This ruling will make it possible for hundreds of thousands of transgender, intersex, and nonbinary people to obtain passports with sex designations consistent with their gender identity or with an "X" (unspecified) sex designation. However, this ruling does not itself apply to Global Entry or TSA Precheck memberships, visas for those visiting the United States from other countries, or other federal documents.
Please see here for an FAQ prepared by the National ACLU's legal team that may provide you with further guidance regarding your passport, including information about what paperwork you need to complete in order to update your sex designation.
U.S. v. Skrmetti – In a recent 6-3 decision, the US Supreme Court issued a ruling upholding Tennessee’s ban on gender affirming care for transgender people under the age of 18. While a devastating loss for those in Tennessee, the ruling does not directly affect our state. Here in Rhode Island, we have our own protections and therefore this decision will not affect the ability for individuals seeking care in Rhode Island from receiving it.
Just last year, the RI Legislature passed the “Health Care Provider Shield Act,” preventing healthcare providers in Rhode Island who provide care to out-of-state patients seeking abortion and transgender health services from being prosecuted criminally by states that have banned these procedures.
Updated July 8, 2025. As more details are provided, we will be updating our website with new information on both of these cases.
