Attorney General Alan Wilson has joined 25 other states in filing a friend-of-the-court brief that supports the traditional recording of sex, rather than gender identity, on U.S. passports. The action is part of an ongoing legal challenge being considered by the First Circuit Court of Appeals.
“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 argues that the Constitution allows for the recording of biological sex instead of subjective gender identity and describes this approach as a rational decision when issuing federal identification documents.
“This is not about disenfranchising or singling out a group of people,” Attorney General Wilson continued. “Gender identity is a limitless, subjective perception. We have to deal in biological reality—particularly when dealing with sensitive federal records.”
Wilson was joined in signing the brief by 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 and Wyoming as well as the Arizona Legislature.
As South Carolina’s chief prosecutor and primary legal advocate according to the official website, Attorney General Wilson oversees criminal matters and civil litigation for the state. His office enforces laws related to securities and consumer protection and operates statewide. The attorney general’s responsibilities also include supporting victims through advocacy programs and collaborating with law enforcement agencies across South Carolina.
The full text of the amicus brief can be accessed online.



