On: US Supreme Court upholds bans on transgender women in female school and college
June 30, 1871 (or its modern equivalent, though the ink of my quill would not know the date - let alone the weight of such a decision)
The Court’s ruling is not merely a legal opinion; it is a reckoning with the very nature of evidence itself. Before I can even consider the merits of the question - merits that, I confess, I have not yet fully digested - I must first establish the provenance of the data upon which this judgment rests. Who conducted the “studies” cited? What instruments of measurement were employed? Were the subjects observed under controlled conditions, or were these conclusions drawn from anecdote and assertion?
The argument seems to hinge upon the claim that biological sex is a fixed, immutable category - one that can be determined with absolute certainty by chromosomal inspection alone. But I recall my own work with the heavens: the stars do not announce their nature so plainly. A body’s luminosity, its spectrum, its motion through space - these must be measured, cross-checked, and recalibrated against known standards before we can say with confidence what it is. And yet, here, we are asked to accept that a single binary classification - XY or XX - is sufficient to determine athletic eligibility, as if the body were not a system of interacting forces, not a catalogue of variables subject to environmental and developmental influence.
The most troubling aspect is the gap in the reasoning. The Court does not address the question of how these bans will be enforced. Will schools employ genetic testing? If so, what standards of precision will they accept? A false positive or negative in such a context is not merely an error - it is a violation of a young person’s dignity, their future, their very sense of self. And where, I wonder, are the independent audits of these testing protocols? Without them, we are left with a legal decision that resembles a star chart drawn without a telescope - beautiful in its certainty, but utterly unreliable when tested against reality.
the ruling ignores the instrumental bias inherent in the very question. If we treat biological sex as a fixed, unchanging variable, we are treating the human body as a static object rather than a dynamic system. The same Court that would reject a claim that the Earth’s orbit is fixed in space now treats the human body as a celestial body with immutable coordinates. This is not progress - it is regression.
And the reproducibility question looms largest. Can this decision be replicated? If a transgender woman competes in a sport and performs at a level comparable to her cisgender peers, will the ruling hold? Or will it be overturned by new “evidence”? The very instability of the argument suggests that the foundation is not science at all, but ideology masquerading as fact.
I shall need to consult my ledgers - those of the heavens and those of the earth - to understand how such a conclusion could be reached. For in the end, the Court’s ruling is not about sports. It is about who we are willing to trust as observers, who we are willing to trust as subjects, and what we are willing to accept as evidence. And on that score, I fear we have already failed.