Bench Memos

Law & the Courts

Independent Women’s Forum: Girls’ and Women’s Sports in Jeopardy

I’ll also highlight some noteworthy amicus briefs in the Title VII SOGI cases. Here’s an excerpt from the brief filed on behalf of the Independent Women’s Forum and 1,013 athletes and parents:

Although this case involves the workplace, not sports, courts have long held that Title IX’s prohibition against sex discrimination in education should be interpreted in pari materia with Title VII’s similar prohibition against sex discrimination in employment. Any judicial expansion of Title VII to include gender identity and/or transgender status will have the unintended consequence of making transgender status a protected category under Title IX, which covers school athletic programs.

In the short term, a ruling in favor of Respondents will reduce the number of athletic opportunities for biological women and girls. In the long run, it will undermine the legal justification for maintaining any sex-specific athletic teams and may result in the elimination of women’s sports altogether.

Most Popular

U.S.

How to Bend the News

This, from ABC, is a nice example of a news organization deliberately bending the truth in order to advance a narrative that it wishes were true but is not: Venerable gun manufacturer Colt says it will stop producing the AR-15, among other rifles, for the consumer market in the wake of many recent mass ... Read More
U.S.

Trump’s Total Culture War

 Donald Trump is waging a nonstop, all-encompassing war against progressive culture, in magnitude analogous to what 19th-century Germans once called a Kulturkampf. As a result, not even former president George W. Bush has incurred the degree of hatred from the left that is now directed at Trump. For most of ... Read More
World

Iran’s Act of War

Last weekend’s drone raid on the Saudi oil fields, along with the Israeli elections, opens a new chapter in Middle Eastern relations. Whether the attack on Saudi oil production, which has temporarily stopped more than half of it, was launched by Iranian-sponsored Yemeni Houthis or by the Iranians themselves is ... Read More
Education

George Packer Gets Mugged by Reality

Few journalists are as respected by, and respectable to, liberals as The Atlantic’s George Packer. The author of The Assassin's Gate (2005), The Unwinding (2013), and a recently published biography of Richard Holbrooke, Our Man, Packer has written for bastions of liberal thought from the New York Times Magazine ... Read More