"Men and boys with gender dysphoria are not women or girls, even if they believe that they are."
WEST VIRGINIA v. B. P. J. THOMAS, J., concurring judgment).
"Because "gender dysphoria" is a mutable mental state that is the object of psychiatric treatment, it does not resemble the immutable characteristics on the basis of which our precedents have applied heightened scrutiny— race, sex, or national origin. Instead, gender dysphoria resembles other characteristics on the basis of which legislatures may classify with a merely rational basis. See, e.g., Heller v. Doe, 509 U. S. 312, 321 (1993) (mental illness); Plyler v. Doe, 457 U. S. 202, 220 (1982) (immigration status). Legislatures have many obvious rational bases to keep men who believe that they are women out of teams and private spaces reserved for women.
Second, as the Court recognizes, this case concerns 'biological men" and 'boys who identify as girls." Ante, at 10, 27. Men and boys with gender dysphoria are not women or girls, even if they believe that they are. Sex is an immutable 'biological" characteristic, see ante, at 10; it is binary; and "man" and "woman," 'boy/' and "girl," are the terms that correspond to adults and children of each sex. See A. Byrne, Are Women Adult Human Females? 177 Philosophical Studies 3783, 3786-3787 (2020). To use language to obscure reality—to show "indifference regarding the truth"— is to lie to the public and cease to treat our fellow citizens "as equal[s]." J. Pieper, Abuse of Language—Abuse of Power 17, 21 (1992).
7:06 AM Jun 30, 2026 "
In the case of West Virginia v. B.P.J., decided on June 30, 2026, the U.S. Supreme Court ruled 6-3 that Title IX allows states to maintain sex-segregated sports teams based on biological sex assigned at birth. The Court held that such laws do not violate the Equal Protection Clause of the 14th Amendment. The majority opinion, authored by Justice Brett Kavanaugh, affirmed that schools may determine eligibility for women's and girls' sports based on biological sex.
Justice Clarence Thomas filed a concurring opinion in which he joined the majority but added two significant points:
1.) Transgender Status and Equal Protection:
Thomas argued that transgender status does not constitute a "suspect class" requiring heightened scrutiny under equal protection analysis. He described transgender individuals as people experiencing "gender dysphoria," which he characterized as a "mutable mental state" subject to psychiatric treatment, unlike immutable characteristics such as race or sex.
2.) Biological Reality of Sex:
Thomas made a striking statement that has drawn significant attention: "Men and boys with gender dysphoria are not women or girls, even if they believe that they are." He emphasized that sex is an immutable, binary biological characteristic, and that the terms "man," "woman," "boy," and "girl" correspond to adults and children of each biological sex. He criticized the use of language that obscures this reality as a form of lying to the public.
Justice Brett Kavanaugh wrote the majority opinion, holding that neither Title IX nor the Constitution's Equal Protection Clause stops states from limiting girls' teams to students who are female at birth. The decision reversed lower-court wins for Becky Pepper-Jackson, the 15-year-old West Virginia student at the center of the case, and Boise State athlete Lindsay Hecox, whose cases the justices heard in January. Justice Sonia Sotomayor agreed the Title IX claim failed but dissented on the rest, joined by Justices Elena Kagan and Ketanji Brown Jackson.
Resources:
Justice Clarence Thomas Had a Killer Line in His Concurring Opinion on Transgender Athletes
https://townhall.com/tipsheet/mattvespa/2026/06/30/justice-clarence-thomas-concurrence-contains-a-line-that-the-libs-are-going-to-hate-n2678587
Justice Thomas calls transgender language a ‘lie’ in concurring opinion
https://thehill.com/regulation/court-battles/5948296-clarence-thomas-transgender-opinion
Five sharpest barbs in new Supreme Court ruling as the justices turn on each other
https://www.rawstory.com/supreme-court-trans
https://www.nytimes.com/live/2026/06/30/us/supreme-court-trans-athletes
https://www.nytimes.com/live/2026/06/30/us/supreme-court-trans-athletes
https://archive.ph/ihpVi
States can ban transgender athletes from participating in women's sports, Supreme Court rules
https://www.wtvr.com/politics/supreme-court/states-can-ban-transgender-athletes-from-participating-in-womens-sports-supreme-court-rules
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