Supreme Court oral arguments are usually remembered for sharp legal reasoning and carefully chosen language. This week, however, one moment from the bench overshadowed the constitutional debate and ignited a firestorm online—thanks to a verbal stumble by Justice Ketanji Brown Jackson that many Americans saw as symbolic of a broader problem surrounding the left’s gender ideology.
On Tuesday, the Supreme Court heard arguments involving laws passed in Idaho and West Virginia that prohibit biological males from competing in girls’ and women’s school sports. The cases center on whether those state laws violate the Constitution’s Equal Protection Clause and Title IX, the federal statute designed to protect women from discrimination in education and athletics.
According to CBS, the lawsuits were brought by two biological males—Lindsay Hecox in Idaho and Becky Pepper-Jackson in West Virginia—who argue that the laws unlawfully discriminate on the basis of sex and so-called “gender identity.” The plaintiffs claim the statutes categorically exclude “transgender” girls from school sports and treat them unfairly compared to other students.
Supporters of the laws argue the opposite. Idaho and West Virginia lawmakers maintain that the policies are rooted in biological reality, not animus, and exist to preserve fair competition and protect opportunities for female athletes. For decades, Title IX has served as a safeguard ensuring that girls and women are not displaced by males in sports. Critics of the lawsuits say allowing biological males to compete in female categories undermines that very purpose.
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