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As most of us continue on with our social distancing as recommended by the CDC to help curb the spread of the increasingly deadly pandemic, the members of the United States Senate are back in Washington to do what Senate Majority Leader Mitch McConnell calls “the job we need to do for the American people.”

The U.S. Court of Appeals for the Tenth Circuit today rejected three of the five reasons the U.S. State Department gave for denying an accurate passport to Dana Zzyym, a U.S. Navy veteran who is intersex and nonbinary, and does not identify as male or female. While the Tenth Circuit held the State Department exercised its authority in an arbitrary and capricious manner, it nonetheless overturned a U.S. District Court ruling in favor of Zzyym and ordered the State Department to reconsider Dana’s passport application anew.