SCOTUS sides with common sense after boys try to play sports with girls

The Supreme Court has come down on the side of common sense when it comes to boys infiltrating girls' sports.

In a decision in which all nine justices concurred at least in part, the court ruled that laws in West Virginia and Idaho could limit sports teams to biological sex without violating the Equal Protection Clause of the Constitution.

'The challenged laws do not classify based on gender identity or transgender status ... but instead on the basis of biological sex.'

"The argument that the challenged laws unconstitutionally discriminate against transgender individuals is unavailing. Under this Court’s decision in Skrmetti, the challenged laws do not classify based on gender identity or transgender status, see 605 U. S., at 517, but instead on the basis of biological sex," Justice Brett Kavanaugh wrote in an opinion released Tuesday in which six total justices concurred on the core issues.

"The classification at issue readily satisfies rational basis review or intermediate scrutiny."

Justices Clarence Thomas and Samuel Alito wrote separate concurring opinions. Justice Sonia Sotomayor wrote a separate opinion, joined by Justices Elena Kagan and Ketanji Brown Jackson, that concurred in part and dissented in part.

Jackson also wrote a separate opinion that concurred in part and dissented in part.

In his opinion, Thomas went further and affirmed that so-called transgender identity does not affect biological reality:

Men and boys with gender dysphoria are not women or girls, even if they believe that they are. Sex is an immutable “biological” characteristic, see ante, at 10; it is binary; and “man” and “woman,” “boy” and “girl,” are the terms that correspond to adults and children of each sex. See A. Byrne, Are Women Adult Human Females? 177 Philosophical Studies 3783, 3786–3787 (2020). To use language to obscure reality — to show “indifference regarding the truth” — is to lie to the public and cease to treat our fellow citizens “as equal[s].”

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