Biden administration sides with boy who wants to be on girl's team

 Power Line:

Kristen Clarke, now the head of the Justice Department’s Civil Rights Division, has filed a brief on behalf of the United States arguing that a West Virginia law barring boys from participating on girls’ sports teams violates Title VI and the Equal Protection Clause. Sen. Joe Manchin of West Virginia cast a key vote confirming Clarke. Ed Whelan aptly calls this a case of no naïve deed going unpunished.

Clarke’s brief argues that the 11-year-old biological male who wants to try out for Bridgeport Middle School’s girls’ cross-country and track teams “is a girl.” Therefore, the argument goes, the West Virginia law unlawfully “targets girls who are transgender.”

This, as Whelan says, is just wordplay. Biologically, the 11-year-old is a boy, not a girl. His inner sense of gender identity doesn’t alter this reality. Nor does it alter the stubborn fact that, as a boy, he would have an unfair advantage if allowed to compete against girls.

Clarke’s brief claims that the West Virginia law effectively bars the 11-year-old from participating as an athlete in cross country. It relies on allegations that the school principal said it would be problematic for the 11-year-old to compete with boys because he presents as a girl.

As far as I can tell, however, the 11-year-old hasn’t been barred from the boys’ team. Were this to happen, the 11-year-old could be said to have been “targeted” because he is transgender, and he might have a valid discrimination claim. But he should have no claim based on his exclusion from the girls’ team.

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There are reasons why girls do not want to be on the boys' teams.  It is not a fair competition.  The voices in your head do not change your gender or physical makeup.