The Supreme Court’s Mistaken and Misguided Sex Discrimination Ruling

June 17, 2020 | by Ryan T. Anderson

Justice Gorsuch’s position would either require the elimination of all sex-specific programs and facilities or allow access based on an individual’s subjective identity rather than his or her objective biology. When Gorsuch claims that “transgender status [is] inextricably bound up with sex” because “transgender status” is defined precisely in opposition to sex, he presumes the very sex binary his opinion will help to further erode.