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ericjhensal

(12 posts)
Fri Nov 7, 2025, 03:39 PM Friday

Why Passports have Sex -- Trump v Orr, SCOTUS, Bad Habits, and Imagination

https://open.substack.com/pub/erichensal/p/why-passports-have-sex

Why do we list sex at all on a passport? Obscure treaty obligations aside, what’s the benefit? Before photos and biometric data, sex helped confirm identity along with height or hair color. But are we still listing sex simply out of habit—one born more than a century ago?

“Habit is the flywheel of society,” said William James in his Principles of Psychology at the last century’s turn. For those less mechanical, a flywheel is a heavy wheel within an engine that is hard to get spinning but, once moving, keeps an engine’s power steady. Habit does the same for society—a set of routines we learn once, then repeat without thought. If, one day, everyone had to relearn how to bank, drive, or even when to say “good morning,” society would collapse.
Bad Habits

Social habit is necessary but also enforces oppression with a flywheel’s constancy. Consider Jim Crow. Southerners did not everyday carry an apartheid rule book on oppression; rather, they had expectations, received from their mothers and fathers, of Black folks’ place, and vice versa—this was the foundation for Jim Crow injustice.
Bias breeds bias

Progressives must see how habit holds onto our racism, sexism, classism, and every bias that oppresses someone else. People just hold onto habits and assumptions that feel so fundamental no one questions them. But questioning assumptions is critical for ending injustices. Let us take a simple, not life-or-death, example—why do girls play softball?

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Why Passports have Sex -- Trump v Orr, SCOTUS, Bad Habits, and Imagination (Original Post) ericjhensal Friday OP
A solid and thoughtful post! CaliforniaPeggy Friday #1
thank you ericjhensal Friday #5
Deadline Legal Blog-Supreme Court majority lets Trump administration enforce new gender policy for passports LetMyPeopleVote Friday #2
If you had no picture and no gender listed Zackzzzz Friday #3
Insert Kinky Kelly reference here (Clerks II). flvegan Friday #4

CaliforniaPeggy

(155,704 posts)
1. A solid and thoughtful post!
Fri Nov 7, 2025, 03:51 PM
Friday

I read the whole post, and this jumped out at me:

For me, being progressive means—how can government be its best while doing no harm along the way.

Exactly right!

LetMyPeopleVote

(172,486 posts)
2. Deadline Legal Blog-Supreme Court majority lets Trump administration enforce new gender policy for passports
Fri Nov 7, 2025, 05:28 PM
Friday

Transgender and nonbinary Americans said they want passports “that allow them to travel without fear of misidentification, harassment, or violence.”

Repugnicans once again display their extreme hate and fear.

Supreme Court majority lets Trump administration enforce new gender policy for passports www.msnbc.com/deadline-whi...

(@yugenro.bsky.social) 2025-11-06T21:50:09.578Z

https://www.msnbc.com/deadline-white-house/deadline-legal-blog/gender-passports-supreme-court-sex-birth-trump-rcna236029

The Supreme Court’s Republican-appointed majority has agreed to let the Trump administration implement its new passport policy, which has been opposed by a group of transgender and nonbinary Americans.

“Displaying passport holders’ sex at birth no more offends equal protection principles than displaying their country of birth — in both cases, the Government is merely attesting to a historical fact without subjecting anyone to differential treatment,” the majority wrote Thursday.

The latest ruling in favor of the Trump administration came over dissent from the court’s three Democratic appointees. “The documented real-world harms to these plaintiffs obviously outweigh the Government’s unexplained (and inexplicable) interest in immediate implementation of the Passport Policy,” Justice Ketanji Brown Jackson wrote in dissent, joined Justices Sonia Sotomayor and Elena Kagan. She said the majority “has once again paved the way for the immediate infliction of injury without adequate (or, really, any) justification.”

Under previous government policy, transgender passport applicants could choose male or female to correspond to their gender identity or sex assigned at birth, and intersex, nonbinary and gender nonconforming applicants could choose “X” instead of male or female. The new policy restricts passport applicants to their sex assigned at birth and to male or female, following President Donald Trump’s executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”......

Opposing the administration, the plaintiffs told the high court that they were only seeking “the same thing millions of Americans take for granted: passports that allow them to travel without fear of misidentification, harassment, or violence.” They said the administration’s preferred policy deprives them “of a usable identification document and the ability to travel safely.”
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