SCOTUS Conservatives Kick Trans Kids For Sport
A lecture on protecting female athletes is a bit much from the anti-woke crowd openly gunning for Title IX.
On its way out the door on Tuesday, the Supreme Court’s six conservatives made time to deliver a performative kick to the handful of trans kids participating in K-12 athletics. In West Virginia v. B.P.J., the right-wing majority held that broadly prohibiting children from participating in youth sports does not violate the Equal Protection Clause of the Fourteenth Amendment.
The majority opinion, penned by Justice Brett Kavanaugh, is a gift to right-wing culture warriors trying desperately to cling to power by showing how cruel they can be to trans kids, blithely regurgitating disproven talking points about protecting girls from the imagined scourge of “biological males.” And Justice Clarence Thomas’s concurrence is so needlessly vile that we can’t eve bring ourselves to quote from it.
Culture warriors in robes
In 2021, West Virginia passed the “Save Women’s Sports Act,” codified at West Virginia Code § 18–2–25d. It defines male and female with respect to the “biological sex determined at birth,” notwithstanding the fact that for a significant number of children, it’s impossible to determine their sex at birth.
