11 Comments
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Jessie Gaylord's avatar

Appreciate hearing the historical and legal context of these proceedings. Also, thanks for being our boots on the ground!

William m Gaffney's avatar

Outstanding analysis and commentary Gabe. I am center to left but have always had my concerns about transgender girls competing in girls sports

I was especially happy to see the justices addressing is from a biological/physical perspective. Everything’s else is histrionics

Claire Bockman's avatar

If only we had this sort of measured reporting in legacy media. For the record, I support protecting the female category by sex and have been stunned by the brazenly disingenuous reporting on this issue by left leaning outlets particularly as it pertains to the underlying science and their blatant anti-girl bias, but I abhor the needlessly toxic rhetoric that comes from both the gender critical side *and* the trans activist crowd, especially when we are talking about children.

Debby Sapper's avatar

I appreciate your explanation of the complicated positions in this case, and am glad to hear how respectful the discussion was. This is a complicated issue, and it sounds like it's being treated as such. I also appreciate your impartiality. I can't tell from what you wrote what your personal take is on this; to me this is the definition of a journalist.

Michael Bower's avatar

Don't look up!

Stay focused down here. Bigger issues loom, but

Andrea's avatar

I appreciate your nuance of legal jargon here, but take offense at the term “culture warrior” being applied to an ACLU lawyer/trans rights advocate.

I highly recommend people read this piece about how media (and yes, the NYT) has had an anti-trans bias.

https://transnews.network/p/a-directive-from-above-former-nyt-editor-lays-out-how-the-paper-pushes-anti-trans-bigotry

It references the NYT article linked in this piece and notes:

“there was that whole story that went after the ACLU for doing its job in the Skrmetti case [“How the Transgender Rights Movement Bet on the Supreme Court and Lost” by Nicholas Confessore, June 19, 2025]. That was a personal attack on [trans ACLU attorney Chase] Strangio. That was an outrageously contemptuous story.

The Times is basically working through a lot of these news stories to establish a narrative that trans people went too far. 'If only they hadn't gone too far, then things might be different but we just have to stand up for ourselves' is the narrative they sought to push.”

I also recommend people check out Parker Molloy’s wonderful Substack that really talks about these issues. If you feel conflicted about trans kids in sport, please read and also check out this John Oliver piece:

https://open.substack.com/pub/readtpa/p/fine-lets-talk-about-trans-athletes?r=2c66h&utm_medium=ios&shareImageVariant=overlay

https://youtu.be/flSS1tjoxf0?si=S1wqVt32PwsCe3qC

Suzanne Whitman's avatar

Excellent article: thank you for the reference.

A.Gnosticthefirst's avatar

We are all human beings at birth, and this repulsive regime has defenestrated human and civil rights. It commits murder on the high seas, allegedly. An ICE agent murdered an American citizen last week.

Creating culture wars is a handy distraction for the financial war that ultra-rich elites have waged on almost 99.9% of Americans since the time of Ron-old Raygun, aka Ronald Reagan, known for the cruel hoax of trickle-down tax cuts during his administration. He was also shot, but he survived. Rotten Ronnie opened the tent to religious evangelical fundamentalists, and they brought their stink in with them.

Sean H.'s avatar

After all the hubbub about the 14th Amendment ( I promise you transgenderism was not contemplated as a class , let alone a protected class by the authors of the 14th Amendment as iyt really didn't exist up until the last few decades), in the end when the self-definition of members of the transgendeer community is argued to be the determining factor that shall allow males, as very large and strong”women”, to compete in women’s sports and use women’s bathrooms, you have entered into a tautological frame of reference that is a rabbit hole of confusion and the end to Title 7 protections.

susanus's avatar

I have no problem with the women’s bathroom issue - as long as everyone using a women’s bathroom sits or squats to pee. But the women’s sports issue is a very real concern. And as Gabe’s piece indicates, it’s pretty complicated.