The 9th Circuit Court of Appeals Doesn't Know What Biological Sex is

August 18, 2023

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Yesterday, in a disappointing but unsurprising development, the 9th Circuit Court of Appeals upheld a lower court ruling that had blocked an Idaho law protecting women’s sports from taking effect.

The ACLU claimed victory:

Fair enough, ACLU, you get to count this one as a win (but the law doesn’t “ban transgender youth from participating in student sports,” it bans men and boys from competing in women’s and girls’ sports).

Interesting that the ACLU’s tweet about this had fewer than 800 likes at the time of writing. Gosh, could it be that Americans across the political spectrum oppose allowing male athletes to compete in women’s sports? Thanks Will Thomas!

This post is about how I think the 9th Circuit got it so wrong.