Egregoros

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 I'm seeing a lot of outrage based on Thomas's opinion that being trans isnt an immutable characteristic

@georgia it's hard to swallow but he's not wrong. A not insignificant number of people de-transition which means it's obviously not an immutable characteristic.

It sucks but it's true.

@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 Unfortunately it absolutely is an immutable characteristic

@scathach @feld @georgia it is but it's also not one that can really be externally tested which is a really important legal prerequisite in a lot of cases.

@sun @feld @georgia There is a little bit of research indicating it could be externally tested whether or not someone is trans with fMRI brain scans but last I checked nobody it hasn't been seriously pursued

@scathach @feld @sun there is also even more compelling overlapping evidence of "gay brain"

@georgia @feld @scathach this gets back to the reification thing and policies like "genetic test to prove you can move to israel" and all the way down to "now we can genetic test who to exterminate"

@sun @feld @scathach saying something is associated with biological differences is different from exterminating people for merely corresponding with this observed correlation