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Trump Administration asks the Supreme Court to overrule lower court order preventing passport marker policy

Trump asks SCOTUS to limit passport markers
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SAN DIEGO (KGTV) – On Friday, 41 pages of a Supreme Court filing asked for a specific thing.

The Trump Administration is appealing to the Supreme Court to allow a policy to stop markers on U.S. passports from being changed, impacting transgender and nonbinary Americans.

“This has been, since the very beginning, an attack to LGBT identities. We're talking about 1% of the population that doesn't make our current administration sleep overnight,” Max Disposti, the Executive Director and Founder of North County LGBTQ Center, said.

ABC 10News spoke with about the Trump Administration’s ask of the highest court in the land.

"As of today, it will henceforth be the official policy of the United States government that there are only two genders: male and female,” President Donald Trump said during his inauguration speech in January.

That proclamation from President Trump’s inauguration speech became an executive order. It applied to those looking to change their gender on their passports, too.

In June, a federal judge ruled against the policy preventing people from marking the ‘X’ gender or the gender they identify with on their passport.

In Friday’s Supreme Court filing, the Solicitor General said that the President’s “policy is eminently lawful” and, when it came to the federal judge’s June ruling, “that injunction has no basis in law or logic.”

“There is no data that shows us how, you know, having an X on your passport or respecting the gender identity of Americans that are traveling is problematic,” Disposti said. “There is nothing that goes in that direction, and unfortunately, this is motivated by pure false narrative that are quite hateful and quite dangerous for our communities.”

ABC 10News previously spoke to Orion Hodge, a transgender man who navigated getting a new passport, about the process of getting the travel document with the executive order and the federal judge’s ruling.

During an interview in June after the federal judge’s ruling, he was asked how he would react to an appeal or any legal impact on the federal judge’s ruling.

“It could be taken away like that fast, like as fast as the ruling was made. And that scares me as well, and that's part of my exhaustion,” Hodge told ABC 10News in June.

ABC 10News reached out to the White House for comment about the Supreme Court filing on Friday.

It sent us the following statement: “Lower courts continue to attempt to thwart President Trump’s agenda and push radical gender ideology that defies biological truth – and the Supreme Court must step in. There are only two genders, there is no such thing as gender ‘X’, and the President was given a mandate by the American people to restore common sense to the federal government,” Anna Kelly, Deputy Press Secretary for the White House.