According to the Associated Press, in a story republished by Sentinel Colorado, the U.S. Supreme Court on Tuesday “seemed likely” to uphold state laws barring transgender girls and women from playing on school athletic teams. The cases come out of Idaho and West Virginia, where lower courts had ruled for the transgender athletes challenging those bans.
The AP reports that after more than three hours of arguments, the conservative-dominated court gave “no indication” it would follow those lower-court decisions. Instead, at least five of the six conservatives on the nine-member court indicated they would rule the laws don’t violate either the Constitution or the landmark Title IX law, which prohibits discrimination in education and helped expand girls and women’s sports.
Now for the part where Colorado’s ruling class tries to act shocked, betrayed, and morally superior—while also insisting everyone else is anti-science for noticing that sports are, in fact, physical.
We’re Pretending This Is “Complicated” Because It’s Politically Useful
Let’s be honest: the legal question might be nuanced, but the public argument has been turned into a professional-grade propaganda blender.
- The states’ argument (per AP): “fair competition for women and girls.”
- The transgender athletes’ argument (per AP): sex discrimination under the Constitution/Title IX.
In other words: one side says, “We created separate girls’ sports for a reason.” The other says, “Treat this like discrimination.” And America’s institutions respond by doing what they do best: making normal people feel insane for asking normal questions.
Kavanaugh: Title IX Is ‘Amazing’… So Maybe Stop Undermining It?
The AP story highlights Justice Brett Kavanaugh sounding concerned that a ruling against the bans could “undo the effects” of Title IX. Kavanaugh called Title IX an “amazing” and “inspiring” success. Some girls and women might lose a medal in a competition with transgender athletes, which Kavanaugh called a harm “we can’t sweep aside.”
Exactly. We don’t get to build women’s sports for decades and then act like fairness is some optional add-on you can delete in a software update.
Also, can we all appreciate the rhetorical gymnastics? Somehow “protect women’s sports” became controversial, while “women’s sports are a vibes-based social construct” became enlightened. Sure. Totally. Great plan.
The Cases: Idaho, West Virginia, and Two Very Different Fact Patterns
The AP report describes two challenges:
- Idaho: Lindsay Hecox, 25, sued over Idaho’s first-in-the-nation ban for the chance to try out for Boise State’s women’s track and cross-country teams. The AP reports her lawyer said she didn’t make either squad because “she was too slow,” but she competed in club-level soccer and running.
- West Virginia: Becky Pepper-Jackson, 15, a high school sophomore, has been taking puberty-blocking medication, publicly identified as a girl since age 8 and has been issued a West Virginia birth certificate recognizing her as female. She is the only transgender person who has sought to compete in girls sports in West Virginia. The AP reports she improved from “back-of-the-pack” cross-country to a third-place statewide finish in discus in her first year of high school.
So yes—these aren’t identical situations. But the Court isn’t deciding who’s nicest or who has the most compelling personal story. They’re deciding whether states can draw lines to protect girls’ categories in school sports without violating Title IX or the Constitution.
The “We” Part: Colorado Will Copy Whatever Sounds Most Virtuous
Here’s what we know as Coloradans: our institutions love slogans more than outcomes. We’re told to “trust the science” until the science becomes inconvenient for the narrative. We’re told to “listen to women” until women ask for a protected category that actually means something.
And we’re told “be kind” while bureaucrats and activists turn kids’ sports into a national battleground. We’re the ones who get to live with the fallout.
As Scott put it: “In Colorado, we believe that you should be free to be who you want to be. But allowing biological men to compete in women’s sport is a denial of science.”
What Happens Next
The AP report says a decision is expected by early summer. If you’ve got kids in school sports, tell us: should girls’ sports have a protected category with enforceable rules, or is it just another thing Colorado is supposed to pretend doesn’t exist?
Just Stop It
