Egregoros

Signal feed

Timeline

Post

Remote status

Context

6
Trans isn't even recognized as a protected class under the Equal Protection Clause (United States v. Skrmetti) so why would the Supreme Court rule that you MUST allow someone to play in a gender segregated sport based on what they identify as?

People out here like WOW SUPREME COURT BAD, HOW COULD THEY
@feld @georgia I'm not trying to attac trans people but its just obviously also true that you literally can't know without talking to a person, and then you can't derive intent why someone says they are, why they transitioned, or why they detransitioned. if you can frame this as an immutable characteristic that would be insanely weird
@sun @feld @georgia
point was that "immutable" ought to be irrelevant to the discussion. of the things considered protected characteristics in the states, the majority change over time (religion, age, pregnancy, familial status, disability, veteran status). even "race" (socially derived categorisation dependent on zeitgeist) and "genetic information" (subject to chromosomal loss, other mutations, donor or other foreign cells proliferating, etc) are things that change with time. the only one on the list that doesn't is "national origin"

Replies

17
@feld @georgia @sun
what the actual ruling turns on is the fantasy of a "biological sex", which it asserts is not a cultural invention of the past 5 years or so (in it's current terminological form, bit over a hundred in spirit) but a fact of the universe across cultures throughout history, and one so powerful that "the benefit 'that natural testosterone provides to male athletes is not diminished
through the use of puberty blockers and cross-sex hormones' "
@sun @feld @georgia
what i mean is that, going back hundreds of years ago, there were legal debates over what a person's sex is (because that mattered in the context of marriage and inheritence and such). and those decisions were made looking at physical layouts and social contexts, not mystical essences, and sometimes by necessity came to fuzzy conclusions. that was both common and legal understanding historically, and this ruling is a retcon
@sun @feld @georgia @ageha i took a few pokes at that the first time i saw people setting their hair on fire about it. even some of the basic words ("immutability") don't even mean anything; it traces to court precedent that was supposed to mean "something true about a person that they had no control over" redefined over the years as "whatever the judge caste decrees" which is basically the meaning of all words they use.

the documents are basically worthless at the SCOTUS level.