Here is the obligatory disclaimer: I approve of the Biden administration’s attempt to undo many of the changes or executive orders handed down by the Trump administration: immigration, Covid relief, the damn border wall, equality for people of all genders, and so on. But, relative to the last issue, there’s one thing that the Biden administration just did that deserves criticism.
As reported by NBC News, Biden’s Justice Department, as well as its Education Department’s Office for Civil Rights, have withdrawn their support of a federal lawsuit in the state of Connecticut seeking to overturn a state law requiring any high school student who identifies as a women to be allowed to compete in women’s sports. Click on the screenshot to read.
Now we’ve discussed at length the problems with allowing transgender women to compete against biological women, for their strength, muscle, and bone advantage is already largely set right after puberty, and persists even with hormone treatment and surgery. How we deal with medically or surgically treated transgender women is a contentious issue bearing on biology and ethics, and will have to be resolved subjectively.
But that’s not the most debatable part of Connecticut’s law.. The law “requires that all high school students be treated according to their gender identity.” That means that if you identify as a woman, you are a woman and can compete against women, even if you have never undergone medical treatment for “transitioning.” And, as the article reports,
On his first day in office, President Joe Biden signed an executive order prohibiting discrimination based on gender identity in school sports and elsewhere. Former president Donald Trump had rolled back protections for transgender people while in office.
Now Trump was clearly catering to his base, and I’m in favor of Biden’s strengthening protections for people of all gender identities. But to me, that “protection” stops when pure biological men who take the identity of women are allowed to compete against biological women. You know what the results will be: the death of women’s sports. Here’s one example from Connecticut; as far as I know, neither Miller nor Yearwood had undergone any form of medical transition, at least when this competition took place:
Previously, William Barr had submitted a “statement of interest” in the Connecticut suit, a statement that supported the girls who brought the suit. and said that allowing such competition might violate Title IX’s provision that women should be given equal opportunity in all high-school endeavors. The matter is described this way by The Hill:
The Justice Department’s withdrawal came ahead of a Friday hearing in the case over the state’s motion to dismiss the lawsuit. The families of three high school girls sued Connecticut officials in 2020, arguing that allowing transgender athletes to compete in girls’ sports forced athletes “to compete against boys.”
“Forcing them to compete against boys isn’t fair, shatters their dreams, and destroys their athletic opportunities,” an attorney for the plaintiffs, Christiana Holcomb, said last year. “Having separate boys’ and girls’ sports has always been based on biological differences, not what people believe about their gender, because those differences matter for fair competition.”
Former Attorney General William Barr agreed, arguing in court documents at the time that the state’s current policy runs afoul of Title IX, which guarantees girls equal access to sports and other school activities.
Now the government has withdrawn its support, saying simply that “The government has reconsidered the matter.” The American Civil Liberties Union (ACLU), of course, is supporting the state, representing Miller and Yearwood, the two athletes shown above, and agreeing with Connecticut’s misguided law.
Connecticut Attorney General William Tong said Tuesday he was pleased with the Justice Department’s decision to withdraw Barr’s statement.
“Transgender girls are girls and every woman and girl deserves protection against discrimination. Period,” he said in a statement.
Transgender girls are not girls for purposes of competing against biological girls, especially if they’ve had no medical treatment. Period.
Lest the Pecksniffs descend, I affirm again that the right of anybody to have their gender identity respected and supported by morality and law should hold in almost every area of human endeavor. But there are a few exceptions, and sports is one. Once again, there’s a reason why men’s and women’s sports are kept separate.