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Jun 30, 2026

Justice Ketanji Brown Jackson Denounces SCOTUS Trans Athlete Decision

Justice Ketanji Brown Jackson Denounces SCOTUS Trans Athlete Decision

WASHINGTON,DC - MARCH 9: US Supreme Court Justice Ketanji Brown Jackson gives a joint lect
Maxine Wallace/The Washington Post via Getty
Warner Todd Huston30 Jun 2026

Supreme Court Justice Ketanji Brown Jackson joined two other justices in a strong dissent to the court’s Tuesday decision that states can bar transgender athletes from girls’ sports and insisted that Title IX “cannot plausibly” mean that “sex” only refers to a student’s birth gender.

Jackson joined Justices Elena Kagan and Sonia Sotomayor to disagree with the majority ruling that “The term ‘sex’ in Title IX, the Javits Amendment, and the Title IX regulations cannot plausibly be interpreted to refer to anything other than biological sex.”

Justice Jackson was incensed by the majority opinion and insisted that Title IX absolutely does “make room for individuals to live in the gender they choose.” She also delivered the tortured logic that transgender athletes are discriminated against “on the basis of sex” by being perceived as “aggressive.”

Jackson insists that trans athletes are being discriminated against no matter how they are perceived and that is  a violation of the non-discrimination rules in Title IX any way you look at it.

“A transgender woman penalized for being perceived as aggressive has experienced discrimination ‘on the basis of sex’ just as much as a cisgender woman has, no matter that the transgender woman’s behavior matches expectations of her sex assigned at birth. Either way, the institution has imposed its gender-based expectations upon her. And either way, the institution may have violated Title IX,” she wrote.

Justice Jackson is infamous for saying she had no idea how to define what a woman is during her confirmation hearing in 2022 when Joe Biden nominated her to the nation’s highest court.

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