A constitutional framework

United Humanists on Facebook:

The U.S. Supreme Court upheld West Virginia’s Save Women’s Sports Act — a law banning transgender girls and women from competing in female sports categories in public schools and universities. The 6-3 ruling found that biological sex could be used as the basis for sports categorisation without violating the Equal Protection Clause. Justice Ketanji Brown Jackson, in a forceful dissent joined by Justices Sotomayor and Kagan, wrote that the majority had endorsed a constitutional framework that treats trans women as categorically different from other women — not on the basis of athletic performance data, but on identity alone.

Uhhhhhhhhhhhhhh…yes? Because they are? Categorically different is exactly what they are? Thank you for putting it so clearly. Too bad you don’t understand your own words.

Of course trans women are categorically different from women, on account of how trans women are men. You can’t be a trans woman without being a man. And yes of course on the basis of identity alone, because that’s what the claim is – a delusional or manipulative claim to have the identity of a woman despite in fact being a man.

The ruling creates a constitutional framework in which states may distinguish between trans and non-trans women in contexts where the distinction can be framed as serving a governmental interest.

Well thank fucking fuck for that. States need to distinguish between trans women and women, and we all need states to do so. The fact that men who claim to be women don’t like it is just too god damn bad. Stand up for women why don’t you.

Comments

6 responses to “A constitutional framework”

  1. The Whimster Gap Avatar
    The Whimster Gap

    Distinguishing between “trans and non-trans women” is like distinguishing between decaffeinated and non-decaffeinated coffee.

    The default is in the wrong place.

  2. Dave Ricks Avatar

    United Humanists has me confused. Their Facebook post cites SCOTUSblog and the ACLU as June 2026 sources (without links) for a “6-3 ruling”. But on SCOTUSblog, the top of this page says “NOT DECIDED”:

    https://www.scotusblog.com/cases/west-virginia-v-b-p-j-2-2/

    And this ACLU page does not seem to mention that case:

    https://www.aclu.org/issues/lgbtq-rights/transgender-rights

    I might revisit this in a few weeks to see if SCOTUSblog will show a decision.

  3. Papito Avatar

    Maybe United Humanists had it in the can, like an obituary, and released it a bit too soon.

  4. Ophelia Benson Avatar

    Like an obituary indeed.

    Whimster, I love that analogy.

  5. Sackbut Avatar

    But it’s not on the basis of “identity alone”. It’s on the basis of biological fact. These men and boys claim they should be allowed to compete in the female division, because “identity”, and their claims of “identity” are ignored as irrelevant. It would be the same situation if the boys on the boys’ team wanted to compete on the girls’ team; those boys would also be rejected because of sex.

    It is perhaps similar to some mediocre scion of a famous family was kicked off a team, and he claimed he should be on the team because of his family name; he wasn’t rejected because of his “identity”, either, but for not meeting the standards that apply.

  6. Holms Avatar

    …the majority had endorsed a constitutional framework that treats trans women as categorically different from other women — not on the basis of athletic performance data, but on identity alone.

    Even if we take gender identity as granted for the sake of the argument, their reasoning still fails. No, they are different to other women on the basis of sex. They are male, as opposed to female. Remember how sex is not the same thing as gender identity??

    For once, the supreme court does a pro-woman thing.

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