Sept. 4, 2025
First, there is some dizzying action happening at the DC Court of Appeals about whether men who call themselves women (“transgender women”) should be housed in federal women’s prisons (the answer to that question is a definite NO from me). The Women’s Liberation Front (WoLF) has filed an amicus brief in the matter. Here is WoLF’s statement and here is their brief.
This post is about two cases that are currently pending before the US Supreme Court about the meaning of the word “sex” under Title IX and the Equal Protection Clause of the 14th Amendment. More specifically, the cases are about whether states are allowed to protect female-only sports on the basis of sex. The ACLU (my former employer) represents male athletes (who claim to be female) in both cases.
Both the 4th and the 9th Circuit Courts of Appeals think that some men are women if they say so and are therefore allowed to compete in female-only sports. Both courts of appeals have ruled that state laws protecting female-only sports on the basis of sex violate either federal law or the US Constitution or both, because some male athletes say they are women.
The Supreme Court has agreed to take those cases and tell the nation whether state laws that protect female-only sports on the basis of sex are okay. However, one of those cases might be disappearing before our eyes because the ACLU knows that, notwithstanding its insistence to the contrary, women are female and men are male and everyone (including the nine justices on the US Supreme Court) knows it.
Read on to learn more about what I think the ACLU is doing here and why I’m furious about it.
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