
Tuesday’s arguments before the Supreme Court on the issue of allowing “transgender girls,” or as they are better-known, boys, on girls’ sports teams, have concluded. While predictions are hard to make, especially about the future, there is a lot of post-argument talk about how things went. Granted, these are speculations, and the Court will probably not rule on this until sometime this summer, but there are a few broad indications that things may go well for the side of sanity in this matter. Two news outlets, the Associated Press and NPR, both seem to think a narrow decision in favor of the two states, Idaho and West Virginia, is to be expected. We might note that these outlets are generally inclined to support the transgender agenda.
The Supreme Court on Tuesday appeared ready to deal another setback to transgender people and uphold state laws barring transgender girls and women from playing on school athletic teams.
The court’s conservative majority, which has repeatedly ruled against transgender Americans in the past year, signaled during more than three hours of arguments it would rule the state bans don’t violate either the Constitution or the federal law known as Title IX, which prohibits sex discrimination in education.
There is a point here that we must contend with; first of all, this isn’t a “setback to transgender people.” The “transgender girls,” or, more accurately, boys, are still eligible to play sports as boys always have — against other boys. But the AP, to be fair, makes note of a statement made by Justice Kavanaugh that would appear to make his stance clear.
Justice Brett Kavanaugh, who coached his daughters in girls basketball, seemed concerned about a ruling that might undo the effects of Title IX, which has produced dramatic growth in girls and women’s sports. Kavanaugh called Title IX an “amazing” and “inspiring” success.
Some girls and women might lose a medal in a competition with transgender athletes, which Kavanaugh called a harm “we can’t sweep aside.”
That’s a cogent observation, and one the proponents of sanity on this issue have been making all along. And it’s not just medals; it is titles, trophies, awards, and possibly even scholarships. That’s a financial harm, which makes it an entirely different kettle of fish.
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Next, NPR weighs in, striking a mournful tone:
The Supreme Court’s conservative majority seemed inclined Tuesday to uphold laws in 27 states that bar transgender girls from participating in sports teams at publicly funded schools.
Two transgender girls, one in college in Idaho, the other in fifth grade in West Virginia, wanted to be part of the track teams, but state law barred them from participating. Each of them went to court, contending that their respective state laws violate both the Equal Protection Clause of the Constitution and federal statutes barring discrimination against women in sports.
Again, NPR presents several statements from the justices, including this exchange involving Justice Amy Coney Barrett:
During the argument, some members of the conservative majority appeared to want to write a narrow opinion.
“So how would your theory play out if we’re talking about 6-year-olds, where there’s no difference between boys and girls in terms of athletic ability, testosterone levels, et cetera?” Justice Amy Coney Barrett asked.
I’m willing to forgive Justice Barrett for this; she, after all, isn’t a biologist. But there are differences between boys and girls, even 6-year-olds; these differences exist from conception. These are facts.
The consensus seems to be that things went favorably for the states. If that holds, then sometime, later this year, the Supreme Court may well put an end to this silliness, or they may return a narrow decision that leaves a lot of doors open. We’ll know when we know. But for now, it seems we can feel a little hopeful.
Editor’s Note: Radical leftist judges are doing everything they can to hamstring President Trump’s agenda to make America great again.
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