Liberal-leaning Supreme Court Justice Ketanji Brown Jackson made remarks during oral arguments on Tuesday in two cases about state laws barring males, including transgender-identifying males, from female sports teams, indicating she still does not know how to define what a woman is.
During her confirmation hearing in 2022 to replace the retiring Justice Stephen Breyer, Jackson made headlines for her infamous refusal to define what a woman is, saying, “No, I can’t,” and “I’m not a biologist,” when questioned about the biological reality of human adult females.
On Tuesday, Jackson used the language of radical leftist gender ideologues, including terms like “sex assigned at birth” — sex is not “assigned” but is instead an immutable characteristic one is born with — “cisgender women,” which is activist-speak for women who simply embrace the reality of their sex, and “transgender girls,” which is activist-speak for boys who identify as girls.
“Similarly, here, you have the overarching classification, you know, everybody has to be — play on the team that is the same as their sex at birth, but then you have a gender-identity definition that is operating within that, meaning a distinction, meaning that for cisgender girls, they can play consistent with their gender identity; for transgender girls, they can’t,” Jackson said during the case West Virginia v. B.P.J..
Jackson continued by asking parsing what a girl is and if only a “girl assign at birth” would qualify for a girls’ sports team.
“I guess I was getting at the — what I understood the Chief Justice to be trying to discuss — which was this notion that this is really just about the definition of who — that we accept that you can separate boys and girls, and we are now looking at the definition of a girl and we’re saying only people who were girl assigned at birth qualify,” she said.
Other justices, including conservative-leaning ones like Justice Amy Coney Barrett, also used the language of gender ideologues when asking questions, which caused concern among women’s sports advocates and conservatives.
“Reminder that precise language matters when we are in a fight for truth,” Christian conservative podcaster Allie Beth Stuckey reacted in a post on X.
“There is no such thing as ‘cisgender.’ There is no such thing as a ‘trans girl’ or ‘trans boy.’ ‘Gender identity’ is not real. It is not possible to ‘transition’ to the opposite sex. No one is ‘assigned’ a sex at birth. Saying ‘biological’ male/female implies that other kinds of males/females exist. Puberty blockers and genitalia-altering surgeries are not ‘gender affirming care;’ they’re sterilizing, mutilating procedures,” the Relatable host continued. “All of us, in our own ways, have pushed our country closer to sanity on this issue. But seeing as even Amy Coney Barrett still uses this nonsensical language, we’ve still got work to do.”
Katherine Hamilton is a political reporter for Breitbart News. You can follow her on X @thekat_hamilton.
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