Catherine Cocks
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catherinefte.bsky.social
Catherine Cocks
@catherinefte.bsky.social
350 followers 490 following 160 posts
Co-editor of Feeding the Elephant, scholarly publishing nerd, fan of the Heidelberg Project (look it up).
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Jackson's dissent, joined by Sotomayor and Kagan, says the evidence showed that gender-incongruent passports led to humiliating, invasive searches of trans Americans (including strip searches) since their gender marker didn't align with their appearance. The policy is both cruel and irrational.
Thus, by preventing transgender Americans from obtaining gendor-congruent passports, the Government is doing more than just making a statement about its belief that transgender identity is “false.” The Passport Policy also in- vites the probing, and at times humiliating, additional scru- tiny these plaintiffs have experienced. Given this, it is no surprise that each of the plaintiffs credibly testified that they would experience significant anxiety and fear for their safety if required to use passports that reflect their sex assigned at birth rather than their gender identity. Absent an injunction, the plaintiffs and the classes of transgender Americans they represent are forced to make a difficult choice that no other Americans face: use gender-incongruent passports and risk harass- ment and bodily invasions, on the one hand, or avoid all ac- tivities (travel, opening a bank account, renting a car, start- ing a new job) that may require a passport, on the other. The harm to these individuals from having to make that choice—before their legal challenges have even been re- solved—is palpable.
November 6, 2025 at 8:20 PM