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Feminism: Sex and gender discussions

Title IX - Supreme Court Hearings

117 replies

PersonIrresponsible · 05/01/2026 23:32

On January 13th, there will be two cases heard in the US Supreme Court to determine whether those with XY chromosomes, or to be exact: male, can compete in Women's Sport.

The American Civil Liberties Union are suing to ensure that Trans People (men) can participate in Women's Sport.

Next stop: Weeping Olympics: The place where feelings are competed for.

OP posts:
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12
CuiBon0 · 15/01/2026 11:43

@GallantKumquat

It's not unusual for lawyers arguing a point to rely on a case for more than it actually said. They often do that (and I mean often) when that's the most support they can find for their point. That does not change what Skrmetti actually held. IMO it more shows that there is not yet any actual ruling to support for their point.

I'm glad that we mostly agree.

For those reading, the case itself lets you see how the votes on the issue broke down. After a case is argued, various judges draft opinions and try to get a majority of judges to agree with their opinion. The majority opinion is the opinion of the Court. It will be written by a justice (or judge for the Circuit Courts) who voted with the majority. Both the concurring opinions and the dissenting opinions were written by other judges, generally to try to persuade the other judges to adopt their view.

Even if the concurring opinion or dissenting opinion does not get a majority of votes, it can persuade the other justices/judges, e.g., by changing the rationale for the majority ruling, by expanding or narrowing its holding, by bringing up points that need to be addressed in the majority opinion, etc. Often, the draft of the majority opinion is changed to accommodate support for (or opposition to) points in the other circulating opinions. Same for the concurring and dissenting opinions being circulated. Occasionally, one of the concurring or dissenting opinions being circulated gains enough support to become the majority opinion.

The published opinion will tell you which justices/judges supported each concurring or dissenting opinion. That is often useful for predicting how they will vote in future cases. E.g., in Skrmetti, only Barrett and Thomas supported her view that gender is not a suspect class. [ JUSTICE BARRETT , with whom JUSTICE THOMAS joins,concurring.
Because the Court concludes that Tennessee’s Senate Bill
1 does not classify on the basis of transgender status, it does
not resolve whether transgender status constitutes a sus-
pect class. Ante, at 16–18; see Geduldig v. Aiello, 417 U. S.
484, 496 (1974). I write separately to explain why, in my
view, it does not.]

So in the case before the SCOTUS now, those two will almost certainly support "no suspect class/use rational basis standard."

No other justices agreed with Justice Alito's concurrence [ I agree with much of the discussion in
Part II–A–1, which holds that Tennessee’s Senate Bill 1 (SB1) does not classify on the basis of “sex,” but I set out my own analysis of this issue in Part I of this opinion. I do not join Part II–A–2 of the opinion of the Court, which concludes that SB1 does not classify on the basis of “transgender status.” There is a strong argument that SB1 does classify on that ground, but I find it unnecessary to
decide that question. I would assume for the sake of argument that the law classifies based on transgender status, but I would nevertheless sustain the law because such a classification does not warrant heightened scrutiny. I also
do not join Part II–A–3 of the Court’s opinion because I do not believe that the reasoning employed in Bostock v. Clayton County, 590 U. S. 644 (2020), is applicable when determining whether a law classifies based on sex for Equal Protection Clause purposes]

So Alito also believes that transgender status does not warrant heightened scrutiny but no one else agrees with his reasoning.

BTW, you can see from the opinion that the concurring opinions are only the individual opinions of the justice who wrote or joined them bc at the top of each page of the concurrence, it says, e.g., "Opinion of ALITO, J.", not the opinion of the Court. At the top of each page of Robert's majority opinion, it says "opinion of the Court". They tell you on every page whether the part you're reading is the opinion of the Court or the opinion of the individual justice.

The dissenters are more unified. It says at the top of Sotomayer's dissent
"JUSTICE SOTOMAYOR, with whom JUSTICE JACKSON joins,
and with whom JUSTICE KAGAN joins as to all but Part V,
dissenting"

Datun · 15/01/2026 13:03

HPFA · 14/01/2026 15:02

It's even more strange as "limp wristed" isn't really a feminine stereotype- it's always been a homophobic slur against gay men.

I'm not on Twitter, so I'm only getting snippets of the coverage, and also from people covering it. Which isn't quite the same as seeing the real thing.

But this was jaw dropping. Apart from anything else, for the love of God don't go into court without thinking of a term that covers femininity that doesn't sound like you're a raging homophobe.

And the premise is so risible, it's difficult to believe. How ya going test that??! Tell everyone to hold out their hands to determine the rigidity of their carpals??

These people must be dying inside. All that time, money and effort to become as qualified as they are, and they're claiming that not just that you can, but that you must, determine sex based on a homophobic slur.

HildegardP · 15/01/2026 13:59

@Datun The podcast High Court Report has the oral arguments if you want to hear more than short clips.

Datun · 15/01/2026 14:07

HildegardP · 15/01/2026 13:59

@Datun The podcast High Court Report has the oral arguments if you want to hear more than short clips.

Thank you!

OldCrone · 15/01/2026 14:10

HildegardP · 15/01/2026 13:59

@Datun The podcast High Court Report has the oral arguments if you want to hear more than short clips.

The court transcripts are here on the Supreme Court website:
Argument Transcripts

And the audio recording is here:
Argument Audio

Datun · 15/01/2026 14:12

OldCrone · 15/01/2026 14:10

The court transcripts are here on the Supreme Court website:
Argument Transcripts

And the audio recording is here:
Argument Audio

Thank you too, Crone. I've got a train journey in a couple of hours, so should be able to listen then.

GallantKumquat · 17/01/2026 03:55

Excellent (as usual) commentary from sex matters on the case. (Fiona and Helen)

Also amicus briefs:

https://sex-matters.org/posts/publications/brief-of-sex-matters-as-amicus-curiae-us-supreme-court/

lcakethereforeIam · 17/01/2026 13:37

It's been summarised in the Critic

The future of girls’ and women’s sports is being decided in the US | Fiona McAnena | The Critic Magazine https://share.google/yNHZOx60RK0uWeHjj

by the amazing Fiona McAnena.

fromorbit · 18/01/2026 15:32

Another significant Wash Post article
The gaping hole in the transgender sports case
Avoiding the definition of a woman is hurting the trans rights movement.
https://archive.is/TCJLd

Helleofabore · 18/01/2026 17:02

fromorbit · 18/01/2026 15:32

Another significant Wash Post article
The gaping hole in the transgender sports case
Avoiding the definition of a woman is hurting the trans rights movement.
https://archive.is/TCJLd

I was just reading this.

Whoa The Wapo! ...

The opinion article was written by Megan McArdle. Apparently, she has in the past written about JK Rowling, Hilary Cass and Dr Kaltiala which has meant some people consider her "anti-trans".

She shines a beacon on the naked emperor.

"A forthright argument is the better tactic. Same-sex marriage advocates won by convincing the public of three propositions: That gay people were born that way, not making a “lifestyle choice”; that excluding them from marriage was therefore unfair; and that giving gay people the same marriage rights as everyone else was good for them and didn’t hurt anyone else."

"A parallel process for trans inclusion in sports would have consisted of convincing people either that women’s sports reflect a social distinction, not a biological one; that trans inclusion takes precedence over creating a level playing field for biological females; or that trans women are biologically indistinguishable from cisgender women. All were tried. None worked."

and

"The law requires clear definitions, not ecstatic invocations of the infinite complexity of human experience. For most normal people, asking whether we can even know what a woman is doesn’t make you look wise and compassionate; it makes you look crazy. No wonder Republican senators keep asking progressives at hearings some version of this question: “What is a woman?”

None found a good answer, which could not be evaded by dressing a senator down for transphobia, nor by challenging the premise of the question, nor by pleading ignorance. “I’m not a biologist,” Ketanji Brown Jackson said during her confirmation hearing for the Supreme Court. Afraid to suggest that biology might matter more than gender identity, not quite brave enough to assert the opposite, they instead made themselves look foolish. As did writers and scientists who started insisting that even the idea of two sexes was simplistic and unscientific.

This worked among college-educated elites, bolstered by the fear of being called a bigot. But tragically, the more trans rights advanced, the more popular support retreated. A clean compromise was available, similar to the compromise we made on women’s sports: treat males and females as interchangeable in contexts where biology is irrelevant or minor, while reserving segregated spaces for contexts where it is not. Advocates rejected that compromise in favor of an insistence that gender identity always trumps biology. The risk of all-or-nothing arguments is that they often end with nothing."

PersonIrresponsible · 18/01/2026 17:22

Great article!

My favourite line

"The public was not receptive to the idea that females should step back and give males more opportunities to win athletic competitions."

To which, I guess, the only to retort is "The public can go fuck themselves..."

It speaks to my peaking moment: the parody that is inclusion saw NZ send a forty-year-old man with a name change to denigrate women's weightlifting. That event was when I stopped accepting the argument that the emergence of "Transitioning" was just a "Moral Panic" and women were just making a bit of fuss.

OP posts:
lcakethereforeIam · 18/01/2026 19:37

CNN have a supportive interview with Chris Mosier

Amid a culture war over trans athletes, Team USA’s Chris Mosier says he’ll stay the course | CNN https://share.google/Q8Ia5TJl18Wfdm3in

Chris is a biological female (ofck). She says a fair bit about being fearful of being attacked when she's on her way to some event or other, but the attacks never came. I wish GC women could say the same.

LesbianNana · 18/01/2026 20:41

SCJ Alito: Do you think that the success of trans athletes in women’s sports is proportional to the percentage of trans athletes who participate in women’s sports?

BOOM! He gets it.

I wish he would also ask whether trans men experience the same level of success in men’s sports as trans women do in women’s sports, and if not, why not?

https://www.foxnews.com/sports/alito-presses-trans-female-athletes-lawyer-definition-woman-during-scotus-hearing

Alito presses trans female athlete's lawyer on definition of woman during SCOTUS hearing

Supreme Court Justice Samuel Alito pressed Kathleen Hartnett on what the definition of a woman or a girl was during oral arguments in Little v. Hecox on Monday.

https://www.foxnews.com/sports/alito-presses-trans-female-athletes-lawyer-definition-woman-during-scotus-hearing

Helleofabore · 18/01/2026 21:33

LesbianNana · 18/01/2026 20:41

SCJ Alito: Do you think that the success of trans athletes in women’s sports is proportional to the percentage of trans athletes who participate in women’s sports?

BOOM! He gets it.

I wish he would also ask whether trans men experience the same level of success in men’s sports as trans women do in women’s sports, and if not, why not?

https://www.foxnews.com/sports/alito-presses-trans-female-athletes-lawyer-definition-woman-during-scotus-hearing

Alittle like how male people who describe themselves as non-binary have more wins than the female people who compete in that special category.

Whodathunkit?

fromorbit · 19/01/2026 10:15

Another telling article. Axios asked basic questions they only got three answers.

Dems' potential 2028 Presidential contenders cautious on trans rights

We asked:

Should transgender girls be able to participate in girls' sports?

Do you believe transgender youths under age 18 should be able to be placed on puberty blockers and hormones?
And what is your response to the question: "Can a man become a woman?"

Former Vice President Harris, New York Rep. Alexandria Ocasio-Cortez, Illinois Gov. JB Pritzker, New Jersey Sen. Cory Booker, Kentucky Gov. Andy Beshear, Connecticut Sen. Chris Murphy, California Rep. Ro Khanna and Newsom were among those declining to comment or not responding.

What they're saying:
Pennsylvania Gov. Josh Shapiro, former Chicago Mayor Rahm Emanuel and former Transportation Secretary Pete Buttigieg were the only three potential contenders who shared answers.

A spokesperson for Gov. Shapiro pointed us to his previous remarks to The Atlantic, in which he said local scholastic sports officials, not politicians, should make decisions about transgender athletes.
But the governor said his personal view is different, and that trans youths don't "deserve an unfair advantage on the playing field." His spokesperson also noted Shapiro's recent legal action against the Trump administration over its efforts to stop gender-transition care for children.

Emanuel said his positions hadn't changed since he was interviewed recently by conservative commentator Megyn Kelly, who asked whether "boys should be able to play in girls' sports" and "can a man become a woman?"

Emanuel said "no" to both. He also said parents should make decisions about whether transgender minors are able to access hormones.
A Buttigieg spokesperson referred us to an NPR interview in which he was asked to respond to the conversation between Emanuel and Kelly.

Buttigieg called for "compassion" and questioned "past orthodoxies in my party ... around sports." He said decisions about trans athletes should be made by sports leagues. His spokesperson didn't address the other questions.

More
https://www.axios.com/2026/01/18/democrats-2028-struggle-trans-rights

RedToothBrush · 19/01/2026 13:18

fromorbit · 19/01/2026 10:15

Another telling article. Axios asked basic questions they only got three answers.

Dems' potential 2028 Presidential contenders cautious on trans rights

We asked:

Should transgender girls be able to participate in girls' sports?

Do you believe transgender youths under age 18 should be able to be placed on puberty blockers and hormones?
And what is your response to the question: "Can a man become a woman?"

Former Vice President Harris, New York Rep. Alexandria Ocasio-Cortez, Illinois Gov. JB Pritzker, New Jersey Sen. Cory Booker, Kentucky Gov. Andy Beshear, Connecticut Sen. Chris Murphy, California Rep. Ro Khanna and Newsom were among those declining to comment or not responding.

What they're saying:
Pennsylvania Gov. Josh Shapiro, former Chicago Mayor Rahm Emanuel and former Transportation Secretary Pete Buttigieg were the only three potential contenders who shared answers.

A spokesperson for Gov. Shapiro pointed us to his previous remarks to The Atlantic, in which he said local scholastic sports officials, not politicians, should make decisions about transgender athletes.
But the governor said his personal view is different, and that trans youths don't "deserve an unfair advantage on the playing field." His spokesperson also noted Shapiro's recent legal action against the Trump administration over its efforts to stop gender-transition care for children.

Emanuel said his positions hadn't changed since he was interviewed recently by conservative commentator Megyn Kelly, who asked whether "boys should be able to play in girls' sports" and "can a man become a woman?"

Emanuel said "no" to both. He also said parents should make decisions about whether transgender minors are able to access hormones.
A Buttigieg spokesperson referred us to an NPR interview in which he was asked to respond to the conversation between Emanuel and Kelly.

Buttigieg called for "compassion" and questioned "past orthodoxies in my party ... around sports." He said decisions about trans athletes should be made by sports leagues. His spokesperson didn't address the other questions.

More
https://www.axios.com/2026/01/18/democrats-2028-struggle-trans-rights

Politicially the trans train has run out of road.

Pre-last US Election you'd have Dems tripping over themselves to answer these questions.

I do not believe the US public think that minors should have gender affirming care to a greater degree than Brits (as per the yougov survey).

The penny is dropping.

There is no public support for this nonsense. Laws require public consensus to hold and be able to be implimented. Otherwise they will eventually get revoked / overturned or found to not be what some dumbass thought they were.

1984Now · 19/01/2026 13:35

RedToothBrush · 19/01/2026 13:18

Politicially the trans train has run out of road.

Pre-last US Election you'd have Dems tripping over themselves to answer these questions.

I do not believe the US public think that minors should have gender affirming care to a greater degree than Brits (as per the yougov survey).

The penny is dropping.

There is no public support for this nonsense. Laws require public consensus to hold and be able to be implimented. Otherwise they will eventually get revoked / overturned or found to not be what some dumbass thought they were.

Interesting, but I guess wholly predictable that the only reliable line in the sand for progressive politicians is women's sports, where they are being obligated to row back.
Because only here is the insanity totally visible, stripped in public of obfuscating language.
A male punches way harder, runs way faster, spikes way more violently, has that way wider stroke span.
All to be seen in pure black and white.
Prisons? Refuges? Toilets? These remain spaces that aren't visible to the public at large, where language can still obfuscate, where the wider public who maybe are skeptical but haven't necessarily been peaked, here the progressives would still love to umm and ahh.
But in sports, it's on the line, it's visible for all to see.

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