Episode 28 | Supreme Court 6-3: States Can Keep Biological Males Out of Girls’ Sports

In this episode, Kathryn Johnson and law professors Ilan Wurman and Joshua Kleinfeld break down the Supreme Court’s 6-3 decision upholding state laws that bar biological males who identify as girls from competing in girls’ sports.

The majority held that Title IX and the Equal Protection Clause permit states to maintain sex-segregated sports teams based on biological sex. But the deeper divide among the justices was revealing. Justice Kavanaugh wrote a narrow opinion for the Court that avoided the big cultural issues, while Justice Thomas wrote directly that men and boys who identify as women are not women or girls, that sex is an immutable and binary biological reality, and that using ideological language to obscure this fact amounts to lying to the public.

The hosts debate whether the Court was right to stay narrow or whether it should have confronted the larger questions head-on. They examine how the majority distinguished this case from Bostock, discuss the Court’s deliberate avoidance of pronouns, and confront the central issue: Is recognizing the sex binary an act of bigotry, as the Left claims, or is it simply a recognition of biological reality that transgender ideology denies?

This is the rational — and based — discussion of the Court’s biggest decisions that you won’t hear anywhere else.