Yesterday, the U.S. Supreme Court issued a ruling on two transgenderism-related cases, West Virginia v. B.P.J. and Idaho v. Hecox. In the 6-3 decision, the Court ruled that states have the right to institute stipulations that biological females can only compete in girls’ and women’s sports. In other words, the Court upheld state bans against males competing.

Justice Brett Kavanaugh wrote the majority opinion, with Justices Clarence Thomas and Neil Gorsuch writing concurrences. Justice Sonia Sotomayor wrote the dissent, although she, like the other two dissenters, agreed with the majority that Title IX allows Americans to have distinct sports for men and women.

Kavanaugh wrote, “The question before the Court is: Under Title IX and the Equal Protection Clause of the Fourteenth Amendment, may schools maintain women’s and girls’ sports for biological females? In other words, may schools determine eligibility for women’s and girls’ sports based on biological sex? The answer is yes.”

In one of the cases, West Virginia v. B.P.J., a middle school boy who identifies as a girl sued the state to allow him to participate in women’s athletics. One of the main arguments brought in the lawsuit was that B.P.J. (the kid’s initials) had not yet hit puberty and therefore probably wouldn’t do as much damage to his female peers.

As National Review’s Dan McLaughlin points out:

The trouble with using teenagers for test cases is that they keep maturing: as Kavanaugh noted, citing a late letter from West Virginia, “During the ongoing litigation, B. P. J. competed on the teams. Recently, B. P. J. won the West Virginia Class AAA high school state championship in girls’ shot put and finished fourth in girls’ discus. B. P. J. won the Region 2 championship in both events.” The girls who lost out can’t get that experience back.

In Idaho v. Hecox, a young man wanted to play women’s sports at Boise State and sued to do so.

Both West Virginia and Idaho are among the 27 states that now have laws in place specifically stipulating that women’s sports are for biological females and men’s sports are for biological males. These states have based their laws on biological reality, the safety of girls and women, and Title IX.

Justices Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissented, and all three disagreed with the majority on whether the Equal Protection Clause of the 14th Amendment applies. Sotomayor argued that males who identify as female should be judged on a case-by-case basis because each athlete is different, and perhaps the gender-confused man is uninterested in taking medals and athletic accomplishments from biological women.

This is neither a necessary nor a feasible position to hold. The courts are not equipped to determine each gender-confused athlete’s particular desire, nor should they — a person’s chromosomes are not going to change no matter how many puberty blockers or mutilation surgeries he or she undergoes.

Speaking of nonsense, Jackson wrote that Title IX “makes room for individuals to live in the gender they choose” and “cares not just about sex assigned at birth but also about individuals’ ability to match (or not) their gender presentation to their gender identity.” Whatever that means.

On the contrary, Justice Thomas heavily emphasized that biology is immutable and that gender ideology based on feelings is mutable. “Transgender status is not a suspect class requiring heightened equal-protection scrutiny,” he wrote. “The class of people who claim transgender status could more accurately be described as people who are experiencing ‘gender dysphoria.’” He added, “Men and boys with gender dysphoria are not women or girls, even if they believe that they are. Sex is an immutable ‘biological’ characteristic. … It is binary; and ‘man’ and ‘woman,’ ‘boy’ and ‘girl,’ are the terms that correspond to adults and children of each sex.”

President Donald Trump celebrated the win with a post on Truth Social: “BIG WIN: The United States Supreme Court just RULED AGAINST MEN PLAYING IN WOMEN’S SPORTS. Wow! That takes that ridiculous situation off the table!!!”

Unfortunately, this issue isn’t entirely “off the table.” The Supreme Court didn’t rule that men couldn’t compete in women’s sports, only that states had the right to ban men from women’s sports. However, that ruling may be coming sooner rather than later — other cases are working their way through the courts that claim allowing men in women’s sports is a flagrant violation of Title IX and that biological reality is a determining factor in sports performance. That day cannot come soon enough.