LGBTQIA+ Court Case Updates

Below are summaries of two U.S. Supreme Court cases that affect the rights of LGBTQIA+ people.

Orr v. Trump (AKA the “passport case”) – On November 6, 2025, the Supreme Court granted the government's request for a stay of the district court’s June 17 order that had allowed Plaintiffs and class members to obtain accurate passports using an attestation form prepared by the government. The June 17 order is no longer in effect, and the November 6 order automatically reinstates the State Department’s Passport Policy adopted in January requiring that passports only be issued bearing an individual’s sex designated at birth.

According to the National ACLU, this means that if you apply to obtain a new passport, to renew an existing passport, to obtain a passport with a changed name, or to replace a lost, damaged, or stolen passport now, you will get a passport that lists your sex assigned at birth if the State Department can determine that, regardless of what sex marker you request.

Please see here for an FAQ prepared by the National ACLU's legal team that may provide you with further guidance regarding your passport.

In Rhode Island, you can still get an “X" marker on your state issued driver's license or other identification documents. Please see GLAD Law’s Transgender ID Project for information about changing your identification documents in Rhode Island (and other New England states.)

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 November 17, 2025. As more details are provided, we will be updating our website with new information on both of these cases.