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re: Opinions on the direction SCOTUS is leaning on boys play women's sports

Posted on 1/14/26 at 10:17 am to
Posted by dafif
Member since Jan 2019
8440 posts
Posted on 1/14/26 at 10:17 am to
Here is what is interesting: in the UK in April 2025 the Supreme Court ruled that for purposes of the equality act sex and women refer to biological sex meaning at birth

Given our long history of English common law perhaps they would use that as a basis

Jk was right !
Posted by JimEverett
Member since May 2020
2417 posts
Posted on 1/14/26 at 10:32 am to
quote:

To be more precise, federal laws that say "sex" only mean "sex". I don't think there are any federal laws with the statutory language using "gender"

States can do what they want

And yes, the solution is to separate the concepts. The left merging the concepts is what led to this insanity and separating them solves the issues. It's literally that simple. The gender people can have infinite genders that mean nothing in normal society, and all the laws written using "sex" to mean biological sex, can work as they were intended.


You pointed out that Gorsuch and Roberts did not differentiate for the purposes of a Title VII discrimination claim. The issue with Title VII is that you cannot discriminate on the basis of sex in employment. Taking sex as meaning "biological sex" that means there can be no consideration of biological sex in taking an adverse action against someone in an employment setting.
Not that I necessarily agree or disagree with it - but the argument here is that discrimination against a person for being gay or trans relies, in part, on biological sex. It is not merging concepts; it is taking the Title VII legislation on its face as prohibiting any use whatsoever of biological sex in making an adverse employment decision.

That causation standard does not really follow in Equal Protection cases nor does it seem relevant in the Title IX claims in this trans case.
Posted by Ailsa
Member since May 2020
8465 posts
Posted on 1/14/26 at 1:47 pm to
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"Let's take for example an individual male who is not a good athlete, say a lousy tennis player, and does not make the [men's] and wants to try out for the women's tennis team, and he said there is no way I'm better than the women's tennis players."

The point is that a male tennis player on puberty blockers is similarly situated to a lousy male tennis player, so why should the first have any legal right to play against girls but not the second if both are "fair"?
........

Strangio said the plaintiff (a girl who identifies as a boy) would be allowed to get drugs for "a typical male puberty" despite having a "birth sex [of] female." That answer made clear that girls who identify as boys would get a right under the Constitution to testosterone, but boys who identify as boys would not, which is...sex discrimination! Genius.
Posted by dafif
Member since Jan 2019
8440 posts
Posted on 1/14/26 at 3:28 pm to
It is potentially even more simple than that

I would've asked a question why can't a boy play in a girls sport

To not allow a boy to play in a girl sport is pure sex discrimination is it not

And that is the end of title nine
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