'Rogue' Biden judge ignores biological truth, blocks Trump's common-sense passport policy

Gender ideologues' narrative about sex, identity, and the supposed benefits of medical transvestism has collapsed in recent years under the weight of comprehensive scientific studies. Polling shows the American public also majoritively rejects their core claims and policy aims.

With science and public opinion largely against them, gender ideologues now appear to be primarily fighting their war against common sense in the courts, where they are, for the most part, losing. Meddlesome U.S. district court judges are, however, doing their part to delay the final defeat of gender ideology, at least where the law and federal policy are concerned.

'Gender ideology is internally inconsistent.'

A day before the Supreme Court's decision to uphold Tennessee's ban on sex-change genital mutilations and sterilizing puberty blockers for minors, a Biden judge blocked the Trump administration from requiring passports to accurately reflect the holders' sex.

White House deputy press secretary Anna Kelly said in a statement to Blaze News, "This is yet another attempt by a rogue judge to thwart President Trump's agenda and push radical gender ideology that defies biological truth."

"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," added Kelly.

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On his first day back in office, President Donald Trump signed an executive order rejecting gender ideology and instructing the government to recognize only two sexes, male and female.

"'Gender ideology' replaces the biological category of sex with an ever-shifting concept of self-assessed gender identity, permitting the false claim that males can identify as and thus become women and vice versa, and requiring all institutions of society to regard this false claim as true," Trump said in his order.

The president noted further that "gender ideology is internally inconsistent, in that it diminishes sex as an identifiable or useful category but nevertheless maintains that it is possible for a person to be born in the wrong sexed body."

The president directed his secretaries of state and homeland security to ensure that government-issued identification documents, including passports and visas, were reality-affirming — as they had been until 2021, when the Biden administration began allowing people to choose their own sex marker as well as a third marker, "X," instead of an "M" or an "F" marker.

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Several transvestites joined the American Civil Liberties Union, the ACLU of Massachusetts, and Covington & Burling LLP in a lawsuit over the passport policy earlier this year.

U.S. District Judge Julia Kobick granted them a preliminary injunction in April preventing the State Department's enforcement of Trump's Executive Order 14168 while the lawsuit played out — but only as it applied to six of the plaintiffs.

Kobick suggested that the plaintiffs' inability to extend their self-deception to their federal documents would make them more "likely to experience worsened gender dysphoria, anxiety, and psychological distress, and they will face a greater risk of experiencing harassment and violence."

The Massachusetts-based Biden judge expanded her injunction on Wednesday after the plaintiffs amended their complaint and moved to apply the preliminary injunction to other potentially affected gender-benders whom they wanted broadly to be certified as a class.

Adopting the language of gender ideologues, Kobick granted the plaintiffs class certification, meaning that the lawsuit can now apply to "people whose gender identity is different from the sex assigned to them under the Passport Policy and/or who have been diagnosed with gender dysphoria," people who simply want their passport to indicate the wrong sex, and "all people who currently want, or in the future will want, a U.S. passport and wish to use an 'X' sex designation."

'The government has failed to meet this standard.'

"Even assuming a preliminary injunction inflicts some constitutional harm on the Executive Branch, such harm is the consequence of the State Department's adoption of a Passport Policy that likely violates the constitutional rights of thousands of Americans," wrote Kobick.

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"The Executive Order and the Passport Policy on their face classify passport applicants on the basis of sex and thus must be reviewed under intermediate judicial scrutiny," added the Biden judge. "That standard requires the government to demonstrate that its actions are substantially related to an important governmental interest. The government has failed to meet this standard."

Li Nowlin-Sohl, a senior staff attorney for the ACLU's LGBTQ and HIV Project, called the ruling "a historic win in the fight against this administration's efforts to drive transgender people out of public life. The State Department’s policy is a baseless barrier for transgender, nonbinary, and intersex Americans and denies them the dignity we all deserve."

When asked about the ruling, a State Department spokesperson told Blaze News that as a general matter, officials "do not comment on pending or ongoing litigation."

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