104 Comments
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Brooklyn Ricky's avatar

SCOTUS involves itself now in human animal husbandry. Separate rules for different biological classifications are inherently a road to tyranny and the destruction of individual liberty. Give them an inch they will take it all.

Stacy Dudovitz's avatar

And that's how the Nazi's did it.... this country is loudly blazing a path that we once fought, with American lives, to stamp out such evil...

Talia Perkins's avatar

And yet anabolic steroids are cheating -- and so is T in excess of typical levels for a gendered category. Biological reality must be acknowledged and addressed.

A Changeling's avatar

You apparently have no idea how hormones affect the body when you’re taking them, or not. I assume you’re going to go through menopause at some point. The biological reality of a body changed by the addition and subtraction of hormones will be made very clear to you once your own are gone.

Talia Perkins's avatar

As cordially as possible, i***t, I've studied this topic for more than 45 years and I am quite current on it.

Menopause has nothing to do with it, in addition to which, HRT permits me to choose it or not, or how much of it, I personally experience. I am very much thinking of the Adam Sandler movie scene involving the line beginning, "I award you no points . . ." when I consider your reply to me.

Cisgender male typical levels of testosterone lifelong confer on athletes having such, an approximately 8% to 15% time advantage on timed sports and in absolute strength the advantage is 42% for upper body musculature. The "male" athletic advantage is real. HRT (etc.) is required to remove that net masculine advantage from a MtF transgender athlete in women's sports categories, and it does that producing a contest which is at least fair to cisgender females.

I haven't said even one word about menopause, and because it is irrelevant you shouldn't have either.

Sarah F's avatar

Talia, one of the cases involved a teenage girl who never went through male puberty. Kavanaugh's approach to her circumstance is that such trans people are so few that society can't be reasonably bothered by them. Jackson's dissent was essentially that she was never allowed to prove her case and that the 14th Amendment should have given her that right. Kavanaugh and crew just carved out an exception to the 14th Amendment equal protection clause just for us, which the three liberal justices argued (correctly) is wrong. This, IMO, is the most essential part of the case, and the conservatives just said we don't matter, because there aren't enough of us - and because them's the rules, so we just have to get used to it.

Kaleigh's avatar

I debated where to put this reply. I think I can expand on this. They are not worried about competitive advantage since no exception is made for the one that never went through male puberty. Also want to pretend that men have an advantage at all sports and that is simply not true. Fetal hormone exposure is more important than puberty. This is what affects the ratio of fast twitch versus slow twitch muscle fibers. T exposure causes more fast twitch muscle fibers which are stronger but fatigue easier. Estrogen exposure causes more slow twitch muscle fibers which are weaker but more resistant to fatigue. Since we know that estrogen exposure feminizes the brain in case of trans girls then why would you not think the same estrogen exposure won’t cause stem cells to turn into more slow twitch muscle fibers to develop just like in cis girls.

Second part where in sports do women have an advantage. Anything involving endurance. Ever heard of those 60 hour ultramarathon races. I think there is one done in I think Arizona each year. What happens is men get out front early and then the women catch and pass the men since slow twitch muscle fibers fatigue more easily. Women especially mothers are use to going without sleep and need less of it. Men’s egos keep them from pacing theirselves too since they want to win and tire themselves out early. This is 2.5 day race. Rachel Entrekin has beat the men’s record by like 2 hours. This is kind of sport women have a competitive advantage on if she is in good shape for running these races. You see no Keep Women out of Men’s Sports Act. These races are 80 to 90 percent men so you do not hear about these women’s achievements. If MAGA gets wind of this they will ban women from competing against men in these races and make them compete in their own races. Long story made short once you eliminate the effects of male puberty there is no competitive advantage. MAGA’s idea men have an advantage in every sport is not based in reality.

Also let’s not forget the case of the boy that they were forcing him to compete on the girl’s basketball team because of clerical error on the birth certificate. Made the mother get genetic testing for her son.

It looks like scientificamerican put an article about the women marathoner advantage. They explain better than I did. The rabbit is out of the hat if this is being researched.

https://www.scientificamerican.com/article/male-marathoners-might-be-twice-as-likely-to-hit-the-wall-as-women-the-reason-why-might-surprise-you/

Sarah F's avatar

Yep yep yep absolutely yes! However, the sad truth is that facts never seem to matter with us. If you read Kavanaugh's opinion, he parrots a lot of the disinformation propaganda that is provably false. The ratio of 6:3 tells you all you most of what you need to know with this court. The only unknown is what shape of pretzel they will twist to justify their ruling, and how the twists and turns of their pretzel will impact future pretzel making.

But yes, I agree, it's not about competitive advantages - or safety of the athletes. It's about nothing more than eradicating us, one step at a time, with each step seeming reasonable to the common person. (That's also how it happened in Germany.)

Nadav Savio's avatar

See also: sports is inherently unfair. In fact one could argue that’s the whole point. If sports were perfectly fair we’d just be flipping coins.

Kaleigh's avatar

I added the link in my post above so that is new. Just discovered the article.

Talia Perkins's avatar

"one of the cases involved a teenage girl who never went through male puberty" <-- I know that. I also know that then has nothing at all to do with the general case, which is the only matter I addressed.

"Kavanaugh's approach to ... used to it." <-- I know that, I literally made no attempt to address that, much less detract from what you just conveyed.

Sarah F's avatar

It's all good. ;-)

Yuvneas's avatar

You obviously haven’t studied this topic very well over those 45 years. Studies have shown no advantage after 2 years HRT. No advantage if blockers were used. The only studies that have shown “advantage” have compared cis men or very specific measures that do not correlate with sports performance. Your bigotry, whether internalized or not, is not reality.

ubgddt's avatar

Even if everything you said about sports is true, that does not translate to bathroom access at all.

A Changeling's avatar

Talia, first of all, being rude doesn’t help. Second of all, you don’t seem to know any trans women in person. I do. Maybe you should try getting out of your bubble and talking to others. In the meantime, I will be defending my friends and loved ones, and myself, to hold onto our rights as long as we can.

A Changeling's avatar

I’m best friends with several trans athletes. I think personal experience is far more valuable than “research”. You people do not understand that THESE WOMEN ARE HUMANS. I am done with trying to understand why the people in this thread refuse to see all HUMANS as valuable and deserving of love and friendship and sports. Enjoy explaining yourself to your God.

Brooklyn Ricky's avatar

Talia, we people can defend or deny what counts as “cheating” yet our constitution clearly regulates our militia: No where in our constitution is any power to delegate or “regulate” hormone, sex, or any so called “biological reality”.

The government is limited in the powers we grant it in our constitution. Your body, and your personal self governance is up to you. As for your blood chemistry I’d suggest we all do well discussing with our own healthcare providers.

If you ask me… Reducing humankind in any way to that of farm animals or “biology” by any government, church or mob is seriously the wrong direction to be going as free liberty loving people.

Talia Perkins's avatar

And yet, what you have done -- since Title IX is nowhere in the constitution explicitly -- is then claim every part of Title IX is null and void. All of it, you don't get to pick and choose.

"Reducing humankind in any way to that of farm animals or “biology” by any government, church or mob is seriously the wrong direction to be going as free liberty loving people." <-- We either respect physically objectively measured reality, or we -- at least you -- may as well try to stroll on the Sun. I invite you to it, thereby producing your anticipated absence.

You need to be honest, logical, and factually informed if you can be, and ignored as a child amongst adults if you can't be.

Brooklyn Ricky's avatar

There’s a honest translation for what you just said, but I’ll leave it unspoken.

Thank you for your input Talia.

Talia Perkins's avatar

Feel free to share your honest feelings on the matter. Your apparent input is that physically measured reality is irrelevant and only matters of the "spirit" of which you approve have relevance.

Yours is the "woo woo" idiocy I mentioned elsewhere.

This is real:

Cisgender male typical levels of testosterone lifelong confer on athletes having such, an approximately 8% to 15% time advantage on timed sports and in absolute strength the advantage is 42% for upper body musculature. The "male" athletic advantage is real. HRT (etc.) is required to remove that net masculine advantage from a MtF transgender athlete in women's sports categories, and it does that producing a contest which is at least fair to cisgender females.

And the fact that human sexual dimorphism is real and that associated with athleticism not permanent when experienced in one direction, and that Title IX* in fact protects individuals from sex characteristic based discrimination, is the grounds on which the stupid error in this decision will be reversed.

Hopefully within a year.

*Even though you think it is unconstitutional for it to exist.

Jocelyn's avatar

Demonstrate for me please that testosterone is the only factor conferring advantage to male athletes, and other factors -- including socioeconomic factors, such as coaching, training, access to facilities (i.e., money) -- may be reasonably disregarded as contributing any advantage to males in regard to performance in sports.

Larry Erickson's avatar

"every part of Title IX is null and void. All of it, you don't get to pick and choose."

I've been staying out of this since I think people are talking past each other - but I do have to insert that "you don't get to pick and choose" is untrue. Striking down part of a law or regulation or rejecting it "as applied," meaning it can be valid in other circumstances, is hardly unknown.

Debra K's avatar

Trump and the Supreme Court IGNORE biological reality. They assume that biological sex is only binary. While that’s true for the majority, it’s not true for all. Trump and his ignorant MAGA ilk claim “sex is binary and immutable.” Neither of those are true. Trump’s Executive Order went so far as to say “sex” is immutable and determined in the fertilized egg. Also not true. Epigenetic gene changes and physical chromosome changes during cell division can totally change an embryo’s future anatomical sex. I’m just so tired of all the ignorance used to defend their bigotry.

Larry Erickson's avatar

I expect you realize that "T in excess of typical levels" intended to create fairness has been used to exclude cis women as well as trans women. Drawing rigid lines that are actually fair to all is no easy task.

Lisa Flynn (she/her)'s avatar

Straight from the hatefull ruling from the UK. This is an internacional conspiracy. It is nothing short of puré evil.

Katrina deVille's avatar

I’m trans and running for United States Congress. I solemnly swear to introduce and support legislation to affect MASSIVE sweeping Supreme Court reform, including end of lifetime appointments, addition of 4 justices, and Congressional ability to revoke appointments.

Please visit my website if you would like to send another transgender person to Congress. One who actually intends to defend us.

https://devilleforcongress.com

Gina she/her's avatar

Good for you, better to do something than complain online

Katrina deVille's avatar

Exactly my thoughts too. If we want things to be different, we have to be proactive and do things to make them different.

Evelyn Belle Scott's avatar

I was bracing myself for worse. Much worse. I'll admit, I breathed a sigh of relief. By comparison with how bad things could have been, this is practically a compromise.

But therein lies the problem: you cannot compromise with people ideologically devoted to the destruction of another. They do not give the ball back, they do not know defeat, and their zeal recognizes no solution besides their own. This ruling will only embolden the radical transphobes.

Conservatives are all about "states rights" until those states are blue.

Sarah F's avatar

I've pretty much lost hope that this government will come to its senses or that the Supreme Court will do right. Of our three branches of government, one of them has a big, orange malignancy, the judicial immune system has shut down, and the legislative support organs will feed the tumor whatever it needs to grow and thrive.

The only thing that can save us is regular folks waking the F up, realizing our nation is in great peril, and overthrowing the current power structure. And I HOPE this is done somehow within our system of laws, according to democratic norms. And then we have to clean house, starting with the Supreme Court.

Silver lining for me: Today I found out that I'm an American. I was born in America and lived there almost my entire life. And my mom and nonbiological father were both born in America. Unfortunately my mom was born at home, so the government doesn't necessarily recognize her natural citizenship status anymore. But because I was born in a hospital, in America, I'm a friggin' American and cannot be rendered stateless. PHEW!!!! So for me, there's that. The larger question is whether I'm fully human, and recent SCOTUS rulings would suggest otherwise. And am I a woman (as I've lived most of my life), or am I some sort of "man?" I guess we'll find that out next year.

Fuck all these people! Their continued existence is prima facie evidence that there is no god.

Talia Perkins's avatar

"I was bracing myself for worse. Much worse." <-- I am glad enough I do not have your imagination.

Evelyn Belle Scott's avatar

My imagination can get ahead of me, yes. But my mind is much more filled with the history I learned for my degree.

It can be difficult for me to comprehend that we simultaneously live in one of the most trans-friendly societies in modern history yet are also the target of a genocidal campaign against our existence. As bad as things are, they can be far worse. I don't mean this to say that we should shut up and be grateful for what we have, but rather that we must be vigilant, for both you and I know that our enemies will not stop with this ruling.

Debra K's avatar

I also feared even worse. Like when they told blue states that school staff couldn’t protect the rights and safety of trans kids and had to disclose to parents regardless of the potential harm to the child. When the next LGBTQ child is abused by radical Christian parents, I hope we get that case to GLAAD and ACLU to sue the Supreme Court for causing the harm. Regardless of their “immunity” every case needs to be blasted across the media.

Rachel's avatar

Okay, you win. We give up. Trans people (well, trans girls and women; trans men are only collateral damage in this argument) won't do sports. You've made your point. Fairness has been restored. Just like everybody wanted.

Now that the issue is settled, we can all just go on living our lives. We have access to medical treatment, just like anyone else. We can use the restroom in public without fear. Great!

What's that? You still want to take away our rights to legal recognition, medical treatment, public bathroom access, housing, employment, and just about anything else you can think of? And you want to do most of that to gay people as well?

This was never just about sports.

ubgddt's avatar

Why the hell is sport in the same argument as bathroom access? How many trans athletes are there? 10? But every single person must use the bathroom! Hello?

Marc's avatar

Another massive attack upon the trans community.

Nicola A's avatar

And this is why I don't trust liberals either.

Emily Rosenmeier's avatar

The liberals dissented in this ruling.

Sarah F's avatar

PARTIALLY dissented. They agreed that the plaintiffs hadn't established a case of Title IX discrimination, but they dissented on whether we should be stripped of equal protection under the 14th Amendment, arguing that we should be able to argue special circumstances such as never having gone through male puberty. They said that the majority is denying us our right to participate in this legal process. (That's if I understand correctly. I'm not an attorney.)

Emily Rosenmeier's avatar

I will have to go back through the ruling more carefully, thank you. We may have to just scrap this whole court and start over.

Nicola A's avatar

They agreed that trans women are "biologically male" and should not be given Title IX protection as female.

Kaleigh's avatar

Supreme Court does not realize the can of worms they opened with that line of reasoning. They will have a decision to make before long.

Joan the Dork's avatar

Oh for fuck's sake.

Kim Dunn's avatar

The rabid right is insatiable. Their bloodlust unquenchable.

Versing ferment's avatar

I guess the gloves are off now. Better not to have an ambiguity about the stance of the enemy. Between the evisceration of the voting rights act to the unbridled power of the presidency to get rid of regulators he doesn’t like to this latest anti-trans hostile shot across the bow- well, folks- don’t bow down. We have to get creative and louder. They want a mafioso-style trembling. These ppl are moral thugs.

A Changeling's avatar

I played sports with people of all body types. The only injury I never recovered from was from a cisgender woman who went for the player who she knew was easy to beat. She hit me in the shoulder so hard (sport is full contact and hits are expected) that I flew through the air and landed on my rotator cuff. It will never heal.

Eve Gordon's avatar

Until we correct the Court, June will be a hateful month.

Juliet Martinez's avatar

Horrible news, even if it could have been worse.

Sara's avatar

The reason it is so imperative to ban trans women from women’s sports is that trans women DO NOT have an athletic advantage, a fact that men cannot tolerate being true.

Stacy Dudovitz's avatar

The damage by SCOTUS of redefining gender as based on biological sex, no matter how 'limited' people might proclaim, will take a generation or more to fix, and an eternity to find any forgiveness for such cruelty.