Attorney General Alan Wilson of South Carolina has joined a coalition of 25 states in submitting a friend-of-the-court brief to the First Circuit Court of Appeals. The brief supports the traditional classification of sex on U.S. passports, arguing that federal documents should record biological sex rather than gender identity.
“For years, we have fought against radical gender ideology,” Attorney General Wilson said. “Whether on government documents or in everyday life, there needs to be a basic understanding of biology.”
The brief contends that the Constitution allows for recording sex instead of subjective identity and describes this practice as a rational choice for federal records.
“This is not about disenfranchising or singling out a group of people,” Wilson continued. “Gender identity is a limitless, subjective perception. We have to deal in biological reality—particularly when dealing with sensitive federal records.”
Wilson’s participation aligns with his role as South Carolina’s chief prosecutor and legal counsel, overseeing criminal matters, civil litigation, and regulatory issues such as consumer protection and securities enforcement across the state (official website). The office collaborates with law enforcement agencies and provides victim support services statewide.
Other signatories to the brief include attorneys general from Indiana, Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, West Virginia, Wyoming and the Arizona Legislature.
You can read the brief here.

