Federal Judge Blocks Effort of Transgender Athlete to Dismiss Case Before the Supreme Court

U.S. District Judge David Nye just rejected a last-minute effort to scuttle a Supreme Court case on transgender athletes. The Little v. Hecox lawsuit was initially filed by Lindsay Hecox in 2020, challenging a state law barring the biologically male athlete from joining the women’s cross-country team at Boise State. After winning before the United States Court of Appeals for the Ninth Circuit, the U.S. Supreme Court granted review. Hecox clearly did not like the prospects on appeal and sought to withdraw the case after the granting of certiorari. Judge Nye just denied that effort.

In the lawsuit, Nye was joined by an anonymous biological female student, Jane Doe, who objected to the sex dispute verification process.

Judge Nye denied the motion to dismiss as too late, ruling that “[Idaho] has a fair right to have its arguments heard and adjudicated once and for all.” He added that “the Court feels [Hecox’s] mootness argument is, as above, somewhat manipulative to avoid Supreme Court review and should not be endorsed.”

After a district court ruled for Hecox, the Ninth Circuit upheld the injunction blocking the state law in 2023. Counsel for Hecox argued that the athlete “has … decided to permanently withdraw and refrain from playing any women’s sports at BSU or in Idaho.”

Idaho Attorney General Raul Labrador and Alliance Defending Freedom (ADF) attorney Kristen Waggoner argued against the effort to drop the litigation before the Supreme Court could rule.

This is one of two cases focused on the issue of trans athletes in women’s sports to be heard by the Supreme Court this term. The prospects, in my view, favor the challengers on appeal and a ruling in favor of such state laws.

West Virginia is also appealing to restore the “Save Women’s Sports Act” in 2021, after a lower court allowed transgender athlete Becky Pepper-Jackson to compete on the school’s cross-country and track teams. The 4th U.S. Circuit Court of Appeals ruled in favor of Pepper-Jackson.

One case that will not be before the Court is Lee v. Poudre School District R-1, involving parental rights. The Colorado case concerned two Colorado families whose sixth-grade daughters were encouraged to attend a school-sponsored Genders and Sexualities Alliance meeting. At the meeting, a teacher distributed transgender flags and allegedly encouraged students to “come out.” Students were told not to tell their parents.

In a statement accompanying the denial, Justice Samuel Alito noted that public school policies such as the one in this case are “troubling” and “tragic.”

Back to Little v. Hecox, we have previously seen the Court struggle with litigants gaming the system to pull out of an appeal just before the Court could rule. That was the case with New York when it moved to avoid a ruling on gun control laws and ultimately succeeded in getting a dismissal over the objections of some justices.

The ruling this week will now likely be appealed, setting up another “bait-and-switch” controversy before the Court.

Here is the Ninth Circuit opinion: Little v. Hecox

192 thoughts on “Federal Judge Blocks Effort of Transgender Athlete to Dismiss Case Before the Supreme Court”

  1. Mae West may have been aware of what the future would bring: “I used to be Snow White…but I drifted.” And Aldous Huxley pointed out in Proper Studies ‘Note of Dogma’: “Facts do not cease to exist because they are ignored”.

    A trans-man can have his peter removed but male biology will still exists, he can claim to be Woman, but the laws of nature still exist, he can dress as a Woman, but his toes are still larger, and lastly, he still has that Adams Apple!

    Penectomy: [looking down to find something missing].

    Abstract: https://pmc.ncbi nlm.nih.gov/articles/PMC595303/

    Transsexualism refers to a condition or belief which results in gender dysphoria in individuals and makes them insist that their biological gender is different from their psychological and experienced gender. Although the etiology of gender dysphoria (or transsexualism) is still unknown, different neuroimaging studies show that structural and functional changes of the brain result from this sexual incongruence. The question here is whether these reported changes form part of the etiology of transsexualism or themselves result from transsexualism culture, behaviors and lifestyle. Responding to this question can be more precise by consideration of cultural neuroscience concepts, particularly the culture–behavior–brain (CBB) loop model and the interactions between behavior, culture and brain. In this article, we first review the studies on the brain of transgender people and then we will discuss the validity of this claim based on the CBB loop model. In summary, transgender individuals experience change in lifestyle, context of beliefs and concepts and, as a result, their culture and behaviors. Given the close relationship and interaction between culture, behavior and brain, the individual’s brain adapts itself to the new condition (culture) and concepts and starts to alter its function and structure.

    To those that are trying to mainstream (dysphoria) I’ll leave with a portion of ‘Precepts of Chiron’ by Nesiod

    A chattering crow lives now nine generations of aged men,
    but a stag’s life is four time a crow’s,
    and a raven’s life makes three stags old,
    while the phoenix outlives nine ravens,
    but we, the rich-haired Nymphs
    daughters of Zeus the aegis-holder,
    outlive ten phoenixes.

  2. I have read about a recent case which I think SCOTUS declined to hear regarding the issue of public school officials (PSOs) encouraging not only students to become transgender but also to conceal doing so from their parents. I do not have kids but to me, the obviously leftist attempt to attack and destroy the relationship between parents and their children by PSOs is foul and disgusting. Assuming I understand the issues involved, I think SCOTUS should have smacked down the filthy PSOs involved. The true long term solution to the ideologically driven PSOs doing so is to get the government out of education. In the mean time, if I were a politician, I would run on a platform of letting parents control how the government money is spent. Obviously, they may some mistakes but it would also forestall the PSOs from betraying parents by allowing them to move their spending elsewhere.

    1. mayfwriter,

      No school is encouraging transgender changes and if the transgender changes can be concealed from the parent that is, first of all, the doing of the child and, second of all, because the child understands that the parents will punish them. Merely noting that some people are gay or transgender isn’t encouraging a change any more than noting that some people are Hindu or Buddhist is encouraging a change. However, I can understand that people who lack confidence in their beliefs often see any variation in the world around them from those beliefs as an attack, sometimes as if it is personal.

      Not that long ago teachers were literally smashing the hands of those who wrote left- handed with wooden sticks in order to gain conformity. Maybe schools should return to that for anyone not on the cookie cutter methods of conservatism. Buzz cuts for all the boys so that lice can be more easily seen, Girls must wear dresses and white cotton stockings and low-heel patent leather shoes. Does that appeal to conservatives. everyone in line?

      1. “No school is encouraging transgender changes and if the transgender changes can be concealed from the parent that is, first of all, the doing of the child and, second of all, because the child understands that the parents will punish them.”

        Here we have another Democrat communist Tranny liar: we’re supposed to believe these vile union teachers DIDN’T first tell a child they were trans. No, that kid still believing in Santa Clause learned all about trans at home with their parents, discussed it with parents, etc. Teachers only had interactions with students about trans after those little kiddies asked the teacher about what their parents were telling them about trans.

        Second Democrat lie: the Democrat union teacher DIDN’T tell the children they’d encouraged to decide they were trans to hide that from their parents. No, the child came up with the idea of concealing that from the parents all by themselves. Why would that child think something as pure and right as going tranny was something bad they might be punished for – unless the teacher told them that?

        And of course, the teacher never once had a thought like “Maybe I should send a note home with Mr. and Mrs. Smith to tell them, this note isn’t about truancy, always falling asleep in class, homework not done, etc, but instead, this note is about your little boy telling me he wants to cut off his penis so he can be a little girl.”

        As for teachers “literally smashing the hands of those who wrote left-handed”: my brother is 75 now, and that never happened to him. Nor to any other left handed people I know from that same time frame.

        You want to try and make that like it was happening when the Bay City Rollers were all the rage. I’m not sure you’re old enough to have even made it out of grade school yet, much less old enough to remember the time when they did try to teach left handed kids to write with their other hand.

        Does all this appeal to commie Trannies – everybody Tranny commies like them?

    1. This is specifically bodies and SPORTS. the second portion is invasive exams?

      Sports are physical. The opinion will be narrow. It’s just a blue and yellow decision. All XX in sports are affected.

  3. Below, Gdonaldallen queried,”few, if any, still dispute that biological males have physical advantages over biological females. So, it is unclear why some still argue for males in female sports, unless it is due to the many sexes, ideological universe they favor.”

    Maybe, it is that the Woke Left’s “ideological universe” has crossed some line into a New Religion, a cult almost, based on Articles of Faith. They hang on to stupid ideas in a religious fervor.

    Let me compare this to the Christians who hold, or pretend to hold, the idea that Planet Earth is but 6,000 or so years old. Based on the research of Arch Bishop James Ussher in 1650 A.D. The modern incarnation is, Young Earth Creationism, to wit:

    Young Earth creationism (YEC) is a form of creationism that holds as a central tenet that the Earth and its lifeforms were created by supernatural acts of the Abrahamic God between about 10,000 and 6,000 years ago,[1][2] directly contradicting established scientific data that puts the age of Earth around 4.54 billion years.[3][4] Events such as Noah’s Flood are described as explaining much of the geological and fossil record. In its most widespread version, YEC is based on a religious belief in the inerrancy of certain literal interpretations of the Book of Genesis.[5][6] Its primary adherents are Christians and Jews who believe that God created the Earth in six literal days, as stated in Genesis 1.[7][8]

    https://en.wikipedia.org/wiki/Young_Earth_creationism

    My question is, do the adherents of YEC really, truly believe that stuff, or are they simply unable to come to grips with the fact that every word of the Bible is not literally true, and say it out loud? Because, if every word is not literally true, then one has to exercise some personal discretion about some of the ideas in the Bible, and try to determine the validity of various concepts. That is hard mental work, and it is just easier to say, “If the Bible says it, then I believe it!” In other words, religious fervor trumps geology, radio-carbon dating, tectonic plate theory, and the fossil record. But if they admit that and confess that they are wrong, something that I believe they actually know, in their heart of hearts, then it is a betrayal of their faith.

    I submit that this has occurred with the pro-Trans folks, and their continued support of this stupid stuff is more religious in nature, in that it is simply easier to hold, “If the Democrat Leadership says it, then I believe it!” But if they admit that and confess that they are wrong, something that I believe they actually know, in their heart of hearts, that men do not belong in women’s sports, then it is a betrayal of their faith.

    See also: https://en.wikipedia.org/wiki/Ussher_chronology

    1. Folyd, Floyd, God took his time at 6 days.

      As to trans? American horror story? Have you watched that series? Be careful on dates. Moooah ah ahhhh.

    2. Then again, Floyd, who’s to say an omnipotent being with unknowable (to humans) levels of power and design, couldn’t have created this planet in six days with all of the ‘aging’ baked in to make it appear as if it’s 4 billion years old? 😏

      1. I once attended a lecture by a Scientist at which someone posited that possibility in the Q&A afterwards, and the speaker replied that that’s certainly possible, but it would not dissuade him from trying to solve the geological and astronomical puzzles to see what age the Creator baked in.

        1. Indeed, our inqueries and the need to solve them and other riddles of the universe are baked into being human. Plus, it gives most of us ‘something to do’ with the time we’re here. 😊

          1. You may enjoy this! Thunder Perfect Mind, from the Nag Hammadi scrolls found in 1945:

            I am the incomprehensible silence and the much-remembered thought.
            I am the voice of many sounds and the utterance (logos) of many forms.
            I am the utterance of my name (13,15-14,15).

            Here is the full translation I favor. There are other renderings, slightly different.

            https://diotima-doctafemina.org/translations/coptic/the-thunder-perfect-mind/

            Here is an audio rendering:

      2. If there were an omnipotent being, who could do anything, then anything would be possible, by definition.

        Personally, I do not think that God lives in our Universe, on our Astral Plane. I think God lies outside of it, and if he wishes to do things in this Universe, then he is bound by the laws of time and space and physics. Does not mean that he did not create this Universe, but that if he did, then he did it with certain boundaries, that even he must observe. Unless he built in a cheat code.

        Perhaps, God is in another dimension, and when we die, in this Universe, then we go to that other dimension, and that is what we call Heaven.

        As AI explains it:

        The statement that “God is outside of time and space” is a common concept in many theistic traditions, particularly Judaism and Christianity, which posits that since God created the universe, God must exist outside of the creation itself. This idea suggests that God is not bound by the constraints of the physical universe, is eternal, and can experience all of time at once. It is also used in philosophical arguments like the cosmological argument to explain why God would not require a cause, as God does not “begin to exist” in the same way the universe did.
        God as Creator: The core of the argument is that if God created the universe, and time and space are elements of that creation, then God must exist independently of them. Time is often described as an attribute of the created universe.

        Eternality: This concept supports the idea of God’s eternality, meaning God has no beginning and no end. Many scriptures are cited to support this, stating that God’s plan was in place “before time began” or “before the creation of the world”.

        Unchanging nature: This perspective suggests God is unchanging, as God is not subject to the passage of time or physical forces.

        Omniscience: A God who exists outside of time could, in theory, see the entire timeline at once, which is one way to explain how God could know the future.

        Philosophical implications: This view is used to explain how a being could be the uncaused cause of the universe. The idea is that the universe had a beginning, and therefore requires a cause, but God, not being subject to time, did not need a cause and is not part of the sequence of cause and effect that governs the universe.

        Alternative views: Some interpretations challenge this view, noting that if God is completely outside of time and space, it would be difficult to reconcile this with the idea of God acting in the world or having a historical, physical presence like Jesus, as believed by some Christians.

  4. Lets face it. The ONLY reason men are going into women’s sports, because the can’t win against other men.

      1. Orrrr get them some mental health care. Hormone therapy to move towards the individuals birth gender seems the logical path rather than hacking one’s junk off and living in pretending world for life.

        PS U R an Idiot

        1. Orrr tell them to STFU and GTFOH and that not one taxpayer cent or one judicial minute will be spent on this insanity. Define the procedure for them to enter any activity or program based on gender and compel them to get their birth certificate amended, undergo a medical exam, and provide a certified photo of the gender they claim.

          1. That was before Barrack Obama and same sex marriage was crammed up Americasass, unfortunately days long gone my friend… Beating up queers never did anything for anyone.

            1. The Supreme Court went retroactive by fifty years on abortion; it can go back one hundred and fifty years to put America squarely back on the Constitution, Bill of Rights, and sanity.

              Alternatively, in response to the Latino and Mexican invasion and Communist rebellion, President Trump could pull a full Lincoln and impose martial law, suspend habeas corpus, issue EOs and proclamations, and obtain the same result.

              What went wrong in America? Interestingly, China has the government the American Founders established. A severely restricted vote republic with a Congress that elects a president and is voted into power by CCP members that amount to about 7% of the population. That government doesn’t take a bunch of —— from liberals and lunatics.

              AI Overview

              In China, no court, including the Supreme People’s Court, can issue orders to the Chinese Communist Party (CCP).

              ChatGPT

              No — there is no credible public evidence that the CCP has ever allowed a transgender man who has not completed transition to compete in women’s sports.

              1. “President Trump could pull a full Lincoln and impose martial law, suspend habeas corpus, issue EOs and proclamations, and obtain the same result. ”

                Or just go flat out communist police state fascist and pull a Biden, use law enforcement as his personal and the party STASI. Just bankrupt, jail, or cancel anyone who stands in his way.

                Fortunately, Trump isn’t Biden/Obama’s Third Term.

                The overwhelming singular failure of the American republic rights and freedoms experiment has been voters allowing the continued existence of the vile and violent, seditious DNC and their equally vile members like GeorgeX. The Democrats who blame the chaos they’ve created on the Supreme Court, not themselves: the Court that has given them what they couldn’t get at the ballot box.

                The Confederate DNC who have now embraced Marx/Alinsky’s communist strategies since losing the Kluxxer Civil War and now put their fellow communists like Justices Jackson and Sotomayor on SCOTUS, polluting that court in hopes of continuing to get from SCOTUS what voters consistently reject at the ballot box.

                And while GeorgeX and other communist Democrats want to blame SCOTUS – at the same time they howl in delight at the actions of Jackson and Sotomayor that they worked so hard to put on SCOTUS.

            2. True, but the United States is now one big beat up festival. No one is off limits. Handicapped in wheelchairs, beat them up. They can’t run. That’s what you’ve become.

              I think John Says analysis is correct on the proceedings.

              Louisiana v. Callais today. The argument revolves around black racism and the law supports the black right to vote racist. The law says whites cannot but blacks can.

            3. Given how few homosexuals were actually being beaten up in the 1960’s and 70’s that I grew up in, America was kind of ineffective at doing that. Instead, they seemed to become the more popular the more they flamed in the entertainment industry.

    1. @Dustoff

      i think so, too. I think the whole phenomena is just another symptom of generational fragility, and the almost addictive desire to need validation in the form of institutional and public approval. It’s dysfunction, all the way around. Thankfully, it does indeed appear to have been a fad (granted one with awful ramifications) that is passing out of style. Still, it is unacceptable that anyone is so easily influenced, so self-centered, and so oblivious to real world consequences. We are doing better, slowly, but we must do better still.

      When I was younger the fad was being ‘gay’; you got praised for your courage for coming out, you got parties, you got accolades, but it’s amazing how many of those people were no longer gay after age 30 or so. This is not intended to disparage anyone – those that have legitimate struggles, I sympathize, and I support you. But this in particular was all madness from the get go, and generationally in particular. That it has been so exploited doesn’t fall on the shoulders of the naive – it falls on the shoulders of those that knew better but plowed ahead, anyway, in their efforts for power or even just simple social cred (also known as, ‘the fear of looking bad’). We could’ve done better, we can still do better now, and with perfect fairness in the acknowledgement that some physical facts in reality, are physical facts.

      That we are even discussing it is absurd. Intellectual prevarication does not change physics. What I have come to term, ‘millennial science’, really isn’t science, it’s just another futile canard to try to make people feel better about themselves, instead of actually thinking, feeling, and doing better, and over the past decade, at dire cost. We’d be better off just dealing with things as they actually are so we can move forward. The enabling has to die, and by all appearances, it finally is beginning to. There will be much accompanying crying, whining, and lashing out, but we can’t be dissuaded if we intend to survive.

      I always knew the hardest life lessons would come for many of these people far too late in life, and here we are.

    2. DustOff,
      Give them a separate sports category entirely. They might be the only ones competing, but that is a lot more fair to real women. Team sports? Well, they will just have to form their own teams.

    3. Well that, and there may be other reasons, too:

      1. The tranny isn’t really a tranny, and likes to see nekkid girls, and likes girls to see him nekkid.

      2. The tranny is just passive-aggressive.

      3. The tranny wants attention.

      4. The tranny is a control freak, and likes to be where he should not be.

      5. The tranny likes to award money and financial endorsements.

      6. The tranny knows that he will be unpopular, and picked on, so he can get a lot of sympathy from saps.

      7. The tranny has bizarre sexual fantasies.

  5. The Supreme Court is gradually shutting down the trans lunacy:

    1. They upheld the right of states to prohibit the use of puberty blockers and hormones to facilitate the transition of minors (the same logic would apply to surgery, which was not before the court).

    2. They required an opt-out on religious grounds for students being indoctrinated in trans ideology.

    3. They just heard, apparently sympathetically, a free speech challenge to laws preventing counseling that would facilitate a patient’s getting comfortable with his or her sex, mislabelled “conversion therapy.”

    4. Three justices just signaled that schools keeping social transition secret from parents is potentially a violation of a fundamental right protected by the 14th amendment.

    5. The court should soon decide that states are permitted to prevent males from participating in female sports.

    One of the heartening aspects of some of the justices’ opinions and comments is that they are coming to see how the “experts” and medical associations have been captured by ideological interests in this area. Thomas and Alito have been clearest about this.

    1. “So, the lunatics have taken charge of the asylum.”

      – Richard Rowland, 1926
      ____________________________

      “[They] are coming to see how the “experts” and medical associations have been captured by ideological interests.”

      – Daniel

      This has broad application across America.

      Professional electricity generators and distributors who know their industry are compelled by ideologues to put ineffective and expensive windmills up in the middle of the ocean, etc.

    2. One of the heartening aspects of some of the justices’ opinions and comments is that they are coming to see how the “experts” and medical associations have been captured by ideological interests in this area.

      These same “experts” are the source of many of the studies used in amicus briefs to argue for a particular result. The Court has traditionally cited to such unvetted studies to support its decision in particular cases, and sometimes even to sway the decision to a particular result. That practice violates due process, in my view, as the opposing side has not been given an opportunity to cross-examine the author and bring out weaknesses in the studies. I hope the Court recognizes as much and ends the practice.

  6. What I don’t understand is if Lindsay Hecox is no longer interested in pursuing this case and would naturally not wish to fund the legal team, who will argue for the reluctant plaintiff in Little v. Hecox? I am assuming that some organization has taken upon themselves to fund this rather than the putative plaintiff. Clearly the Supreme court is trying to resolve a difference between circuit court rulings so the two (or is it one) case will proceed regardless. But what happens if one side just doesn’t show up? Is there someone appointed to make the arguments?

    1. It is highly unlikely that Hecox was Ever funding this.

      There is no “not showing up” in this case – it is my understanding that oral arguments have been completed and all that is pending is SCOTUS deliberating and deciding.

      Regardless you touch on a fundimental issue – but one that cuts both ways.

      At lower court levels cases are fundimentally about the parties to the cases.
      But while the supreme court only has jurisdiction to rule over a REAL case that is before it,
      it is deciding major issues of law and constitution that apply to myriads of cases and the nation as a whole.

      We can not have a system where parties can fight a major public issue all the way to the supreme court.
      And then drop the case to avoid a ruling if they do not like the likely supreme court ruling.

      This is only an issue where the lower court rulings are Favorable to the party dropping the case.
      So NORMALLY this should be rare. It is unusual that a party that has won at the apelate level would drop the case at the supreme court lever EXCEPT to preserve the precidential value of the winning lower court ruling.

      In this case I think Judge Nye is correct – the case is before SCOTUS and there is nothing left for the lawyers to argue,
      it is too late to drop it.

      But if the case was not pending a decision – then dropping the case should vacate all lower court decisions

      1. As the awesome Sarah Isgur is always banging her spoon on her high chair about, the Supreme Court doesn’t decide cases. It answers questions, which is a different thing. (The two often overlap, but not always.)

        –Shannon

      2. Oh thanks, now I get it. It’s to avoid a loser decision of a case that should not have been brought.

        👍

      3. Trying to restrict the ruling to a State? State by State rulings? Nah… waste of money. A do again giving opportunity for a second State opinion with altered arguments within the gaps? Sigh

      4. “We can not have a system where parties can fight a major public issue all the way to the supreme court.
        And then drop the case to avoid a ruling if they do not like the likely supreme court ruling. ”

        Exactly right. That would allow litigious jerks with deep pockets to completely game the system to their advantage.

    2. Arnold – they’ll show up since Scotus is going to decide the case on the merits. The side representing the plaintiffs will want to make their best argument before Scotus to try and get a majority to decide their way. Otherwise chances are much greater Scotus will decide adverse to them.

      Ironically, before the 9th Circuit one of the organizations representing the plaintiffs was the ACLU, which used to promote women’s interests, but now they promote the interests of a biological male competing with an unfair physical advantage against biological females. Here is the full list of plaintiffs’ lawyers from the 9th Circuit published decision – Hecox v. Little, 104 F.4th 1061 (CA9 2024) :

      Andrew Barr (argued), Cooley LLP, Broomfield, Colorado; Chase Strangio and James D. Esseks, American Civil Liberties Union Foundation, New York, New York; Richard Eppink and Dina M. Flores-Brewer, American Civil Liberties Union of Idaho Foundation, Boise, Idaho; Elizabeth Prelogar, Cooley LLP, Washington, D.C.; Catherine West, Legal Voice, Seattle, Washington; Kathleen R. Hartnett, Cooley LLP, San Francisco, California; Selim Aryn Star, Star Law Office PLLC, Hailey, Idaho; for Plaintiffs-Appellees.

      1. The 2nd part of it are the invasive exams required. A cheek swab to determine XX or XY is the least required and gold standard, win or lose.

        1. It’s simple. XX, XY in competition sports, cheek swab.

          As to the overall idea, psych or genetic damage. The world offers stallions and herds of mares in islamic nations.

          Marriage is reproduction for parental support. IT’S THAT SIMPLE. General welfare and the nuclear family failure is NOT in my wallet. Tired of paying for your DAs and attorneys, too. Pay it yourselves.

          XX, XY. psycho crap

    3. If one side doesn’t show up for oral arguments or file required briefs generally the party loses by default.

  7. Dear Mr. Turley, I agree with GEB. Late 1976, I was a senior in high school, our school district decided both the males and females had to take gym classes together. The males in my class resented the change. So, after a 25 year (plus) war on boys and masculinity in general, this is where we have ended up, boys hating what they are and wanting to become females.

      1. It can be a mental illness or psych disorder and this makes competitive sports dangerous if so. The man in a boxing ring trans woman may actually want medals for beating women. He’s after beating women without criminal charges in reality.

        Thanks for your comment

    1. “Late 1976, I was a senior in high school, our school district decided both the males and females had to take gym classes together. The males in my class resented the change.”

      We got that a few years before 1976. But it was simply a matter of not having a female gym teacher. Mr. Owen hated it – we 17-18 year old boys LOVED it.

      The girls in our classes running around beside us in shorts and t-shirts with no bras, many of them? This was the age of hot pants and go-go boots. Hot damn…. what the hell was wrong with the guys in your class?

      No, that didn’t mean they strapped on football or hockey equipment. Or went anywhere near our locker rooms and showers. Instead, swimming at the municipal pool, racquet sports, track and field practice, mixed volleyball (now very much a thing), etc.

      What was WRONG with you guys????

  8. Reminiscent of Piscataway School Board v. Taxman.

    https://en.wikipedia.org/wiki/Piscataway_School_Board_v._Taxman

    In that case, the bad guys were successful in preventing Scotus from establishing precedent that would have invalidated making employment decisions based on race alone. They saw what was likely to happen, and provided money for the school board to settle out of court so as to moot out the Scotus decision.

    That should not be permitted. The precedent belongs to everyone, not just the parties. The manipulative actions of one party should not be allowed to deprive the entire nation of salutary precedent.

    1. Yes, the State has a right to proceed? It’s not perfect when cases should not have been brought at all. Poor decisions can become law as in same sex marriage, and a myriad other reproductive problems. There are things that should not become law.

  9. I blame the S Ct itself. By constitutionally protecting gay marraige, it unintentionally lifted the top of a Pandora’s box containing all of the angst felt by young homosexual males. It is not enough to be accepted. They feel they should be celebrated.

    1. Handicapped or celebrated? It’s scientifically a disorder or handicap. ALL life seeks reproduction and the key remains naturally, without effort.

      Where have I heard natural before? 🤔

      1. Seriously, looking worldwide at the various schemes of reproduction is stunning. Can western civilization fully grasp the human stallion and his flock of mares scheme? Sire? Prince Salman has a show wife and then others. His uncle or grandfather had 300?

        I give you the stallion…

        The release of the hostage corpses isn’t going well in Israel. Of course Israel returned 2000 prisoners alive and counted including Rashida Talib’s brother in law. She’s in our congress denouncing Israel.

    2. The singular American failure is the judicial branch, with emphasis on the Supreme Court.

      The judicial branch intended to circumvent the law to provide benefits to people in homosexual relationships, and those people must simply live with the outcomes of their actions.

      Homosexuals cannot marry, and gay marriage is absolute nonsense.

      Civil union contracts apply to homosexuals.

      Marriage is procreation.

      Matrimony is literally “mother” “state”.

      Marry is a verb from the Latin for “to wed,” derived from the Latin noun for “husband,” which means “married man.”

      1. “The singular American failure is the judicial branch, with emphasis on the Supreme Court.”

        The communists Democrats put on SCOTUS (and lower courts), along with the refusal of the primary communist, Obama, to fight homosexual marriage is why we have a narrow SCOTUS decision forcing all states to allow homosexual marriage rather than civil unions with all the same benefits and privileges of marriage.

        The overwhelming singular failure of the American republic rights and freedoms experiment has been voters allowing the continued existence of the vile and violent, seditious DNC and their equally vile members like GeorgeX. The Democrats who blame the chaos they’ve created on the Supreme Court, not themselves: the Court that has given them homosexual marriage that they couldn’t get at the ballot box.

        The Confederate DNC who have now embraced Marx/Alinsky’s communist strategies since losing the Kluxxer Civil War and now put their fellow communists like Justices Jackson and Sotomayor on SCOTUS, polluting that court in hopes of continuing to get from SCOTUS what voters consistently reject at the ballot box.

        And while GeorgeX and other communist Democrats want to blame SCOTUS – at the same time they howl in delight at the actions of Jackson and Sotomayor that they worked so hard to put on SCOTUS.

  10. Hey everyone be quiet. The Democrats don’t realize that their support of a trans guy showing off his big new breasts on Easter at the Whitehouse easter egg hunt went a long ways toward Kamala losing the election. Most of the Democratic leaders are now backing away from sex change surgery on minors but rest assured they will return to their old was if they are elected again.
    Hush, don’t let them know we know.

  11. Few, if any, still dispute that biological males have physical advantages over biological females. So, it is unclear why some still argue for males in female sports, unless it is due to the many sexes, ideological universe they favor.

    Suppose on a girls’ swim team, some were given the permission to use flippers in their races. All would cry foul because they were given an unfair advantage. Similarly, biological males were given an unfair advantage, this time by nature, regardless of whose hormones circulate inside their bodies.

    As a note, all athletes are now tested for drug usage to enhance performance. This is accepted as fair.

    1. Transexual women do pose a serious problem to the world. They are approximately 1 in 10,000-50,000 of all women athletes. But I think they do have a point – on the men’s teams they are ridiculed and dismissed as being effeminate. If the male competitors think they are women who should not compete against men, then who am I to disagree?

      If one is thinking “these are men sneaking into a changing room to look at women,” that’s who the Republicans supported for President, so I think that complaint is hollow. Trump bragged about doing this to women at a beauty pageant.

      1. “But I think they do have a point – on the men’s teams they are ridiculed and dismissed as being effeminate.”

        This is what Biden’s Bolshevik Birthing Boyz think is a clever lie that will enable them to finally build a strawman that they can actually defeat. As you’ve never actually played mens’ sports, you have absolutely no idea what goes on in those teams.

        Furthermore, men’s teams are automatically made up of the strongest, fastest, etc. and even the mediocre males didn’t make the cut. As a result there aren’t any any effeminate or tranny males on those teams to be ridiculed and dismissed in the first place.

        Things. That. Never. Happened. Outside. The. Democrat. Borg.

  12. WaggonHer and sHecox (& their DemoCult masters) attempt to pull out last minute just as they know it won’t result how they want, but to have nudged things along, encouraged donors and media coverage; typical of these social transformers who simply construct the best case possible on the front end to look legit too. Progressive ploy to use the system to advance the cause, test the waters, gain notoriety, then move on until a better judicial-political opportunity arises

  13. time to start removing judges with 3 strike rules
    overruled 3 times…you get moved to one level of court…then JAIL!

  14. Fraud is a CRIME
    test their DNA…if they are different than what they say they are…that is a CRIME

    1. Lying about sex isn’t illegal. If it were, every teenager in Creation would be in prison.

      –Shannon

      1. “I’m warning you: lying so you can expose yourself to little girls in their change rooms will get you five years in prison.

        –Samuel/Shannon’s Dad

  15. There is nothing in God’s law or man’s law which requires me or anyone to participate in someone else’s delusion.

  16. Trans? Have at it. Love whomever you want. Just dont try to groom children, and get your own category in sports. Stop taking awards, medals and scholarships from biological women. And stay out of women’s locker rooms and bathrooms.

  17. “In the lawsuit, Nye was joined by an anonymous biological female student”

    I believe that should have been “In the lawsuit, HESCOX was joined by an anonymous biological female student”

  18. Oh I definitely believe this needs to be before the Supreme Court. Hopefully we will get clarity and a greater chance to slap down this trans nonsense and return it to the realm of mental health disorders where it belongs. I would predict once these men seeking to be women find out that they cannot stroke their egos by beating women in sports, the whole desire to be trans may literally wither on the vine.
    Compliments to the Judge who ruled that they have to follow through to the end.

      1. ” Who is “we”? ”

        Bigots. Mainly those who are so scared of anyone different that they want to harm them, make them hurt, make them pay for being who they are. Because they are different.

        1. Tranny’s are mentally weak and ill men so scared of they and their wedding tackle being on the equal field of mens’ sports, that they lie that they’re different so they can compete against women far weaker than they are. They don’t get their sexual satisfaction from just being different dressing and cosplaying as women as they live in the general population.

          No, these cosplaying men DEMAND that girls and women subjugate themselves to having those men being authorized by other men to physically compete against girls and women in sports.

          If they were actually different, these vile trannies would begin their transition with a chopadicktomy… and watching the time it took our neighbor’s son to go through that process, being converted from stand to pee to squat to pee, by the time they were done with the surgeries and the healing between them, they’d be well beyond being competitive in womens’ sports in the first place.

          BTW: the neighbor’s son who was a great boy and ultimately for a couple of years a great effeminate and good looking girl, promptly committed suicide within two years of the full transition. His parents did not grieve his/her death alone; everybody in the neighborhood who knew them did. He was a true transsexual and we grieved that he went through so much with all the surgeries and drugs, and still could not find mental peace and happiness.

          Which is why these Tranny perverts have no intentions of stepping up to have their wedding tackle chopped off. Tranny is just Pervert Theater; real Trannies have about a 60% probability of attempting suicide at least once after they claim to be Tranny.

    1. I believe there are two possibilities. Lacking National legislation the justices may uphold the Idaho law leaving it to the each state to enact their own preferred legislation. A full national ban is unlikely.
      Whatever they decide I hope it is an 8 – 1 decision, one justice doesn’t know who is a woman after all.

  19. “After winning before the United States Court of Appeals for the Ninth Circuit…”

    The Ninth Circus proves P.T. Barnum right once again: “There’s a sucker born every minute.”

    1. Leave to this lowbrow uneducated piece of white trash to insert a anti-trans message. Rot in hell you reptile.

      1. “Rot in hell you reptile.”
        Go fornicate yourself in your ventral orifice with a broken neck beer bottle. Try not to enjoy it too much…

      2. anti-trans?
        Sorry I don’t accept YOUR insanity!
        Test the DNA…that is your Gender…END OF STORY!

      3. There, there, little Tranny… no need to melt down into a shit show. At least you got a Midol Moment, even if you’ll be rotting in hell long before you actually menstruate.

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