Latest / Cultural Wars | America Out Loud News / Supreme Court considers whether men should play in women’s sports
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- 0:23Well, it is time that the Supreme Court makes some decisions on what constitutes as biological sex.
- 0:33We're here.
- 0:34We've we've hit this point.
- 0:37Finally, I guess you could say, I don't know, it's it's kind of it it feels like it's bordering on the edge of insanity when we have to have a court decision on what biological sex is versus what you want it to be.
- 0:58I don't know.
- 0:59I just uh it feels a little ridiculous to me that well, you know, we have a justice on the Supreme Court who who couldn't define a woman.
- 1:13So, you know, we've hit this spot.
- 1:16And maybe we need to be here.
- 1:18Maybe we need to ultimately, once and for all, declare to the Marxist left, what constitutes a man and what constitutes a woman.
- 1:31We've known it for millennia.
- 1:35Intelligent people have known how to define a man and how to define a woman.
- 1:43But here we are.
- 1:45It's come to this point where we are defining what the word is.
- 1:54Remember that the 90s when Bill Clinton asked, well, what's the definition of is?
- 1:59It depends on what the definition of is.
- 2:03Whatever they can do to weasel their way out of intelligent thought.
- 2:09I feel like that's what it boils down to.
- 2:11So we're gonna we're gonna look at this today.
- 2:13We're gonna dive into it.
- 2:14Because the back and forth coming out of these oral arguments, well, at least it's entertaining.
- 2:22At the very least, it's entertaining.
- 2:24But before we get there, we could spend a little bit of time in history.
- 2:29I'd like to do that today.
- 2:30I'd like to hit some history right at the onset.
- 2:32And there's a lot going on today in history.
- 2:36Uh today is Michigan's birthday.
- 2:40Yet today, January 26, 1837.
- 2:45Michigan became the 26th state on the 26th.
- 2:50Apropos, I'd say.
- 2:52Uh, it's also the day in 1861 that Louisiana left the Union.
- 2:58Louisiana decided they would secede from the Union.
- 3:02Of course, you know, they were on the losing side of the war, so they were brought back in, but uh nonetheless, today is their uh secession date.
- 3:14And also, interestingly enough.
- 3:17Today's the day that Benjamin Franklin, whether humoristically or otherwise, wrote a letter to his daughter.
- 3:25And in that letter, he described how the turkey would be a better national symbol than the bald eagle.
- 3:32I mean, Franklin is known for a lot of great things, but replacing the bald eagle for the turkey is not among them.
- 3:41But hey, you know what?
- 3:42Not everybody's perfect, including the uh intelligent and venerable Benjamin Franklin.
- 3:53I just think that's that's funny.
- 3:54That's a little piece of uh of history that that makes me laugh a little bit.
- 4:00Uh 1945, January 26th, Audi Murphy, the most decorated U.S.
- 4:07combat soldier of World War II, is wounded while holding off a German attack in eastern France.
- 4:13And this is where I want to land here.
- 4:15I want to land today with Audi Murphy.
- 4:18We could go in a lot of different directions.
- 4:20In the past, we have on today.
- 4:22We've talked about the birth of Michigan, which is near and dear to my own heart personally, being a lifelong Michigander, and that's a fun story.
- 4:31It truly is.
- 4:32That's a great story to get into.
- 4:33And we could talk about Louisiana and the secession there, and and we could talk about the debate between the Turkey and the bald eagle.
- 4:42But instead, we're going to talk about Audi Murphy.
- 4:46Because Audi Murphy is the embodiment of sticktuitiveness.
- 4:55He is the um, well, I can't say the personification because he's he's a person.
- 5:02It just it doesn't fit.
- 5:04He I guess the the embodiment is the appropriate way to describe him.
- 5:10He was looked over, passed over countless times.
- 5:17Um they said he was too small.
- 5:20The Marines turned him down because they said he was too small.
- 5:24Uh the army paratroopers turned him down because they said he was too small, too.
- 5:30I'm sorry, you're just you're a little guy.
- 5:33You're just one of those little guys.
- 5:36Looking at his size and his stature and the outward appearance.
- 5:42Nobody was able to glance inside his heart.
- 5:46They were not able to see the fortitude that literally welled up within Audi Murphy.
- 5:56They weren't able to look and see the spirit that existed, the the fight that existed in this little man.
- 6:06Uh Audie Murphy was used to setbacks.
- 6:10He got it, he understood it.
- 6:11He kind of grew up this way.
- 6:13He grew up being looked over, passed over, always uh always pushed back for to be considered later, always overlooked.
- 6:27Uh, he was the son of a Texas sharecropper, and his father deserted him, just left him and his mother, and Audi had to step into the role as man of the house and and helped raise his 10 siblings after his father cowarded out.
- 6:48I mean, I don't know the story there as to why his dad left, but I don't think you have a good reason to leave eleven children to leave a wife and and uh 11 children, but just because you can't handle it, because you're you feel like you'll be deemed.
- 7:06I've I'm not gonna get into that, but Audi understood he understood struggle, struggle.
- 7:16He understood defeat, he understood what it meant to be overlooked.
- 7:23Um when his mother died eventually, he it was all him, but it wasn't even his mom, it was just him, and not only was he the man of the house, but he was the ultimate parent.
- 7:39He was the parent in charge.
- 7:42His ten siblings relied upon him, deserted by his dad, lost his mom.
- 7:50He understood hardship, he understood struggle, he understood what it meant to persevere and to press forward against all odds.
- 8:01So when the United States entered World War II, he was determined to fight.
- 8:07And even though the Marines turned him down, even though the paratroopers turned him down, he stayed at it.
- 8:12Finally, the army accepted him in the infantry just a few days after his 18th birthday.
- 8:18They finally relented and said, okay, stop bugging us.
- 8:22We're gonna let you in the infantry.
- 8:25Audi fought in the invasion of Sicily, and then in Italy at Salerno at Anzio in the mountains as the Allies pushed to Rome.
- 8:35Audi was there.
- 8:37He was in it.
- 8:38He was in the fray, he was in the heat of it.
- 8:41On January 26th, 1945, in eastern France, the story goes that 250 Germans in six tanks attacked his unit, ordering his outnumbered men to fall back.
- 8:56Audi didn't.
- 8:58He climbed onto a burning tank destroyer and used its machine gun to hold off the enemy single-handedly.
- 9:06Then, though wounded, he organized a counterattack for his courage.
- 9:11The military awarded him the medal of honor.
- 9:15And he deserved it.
- 9:17But this wasn't the only time he threw himself in harm's way.
- 9:21And being a part of the military.
- 9:24Before Audi had turned 21, he had become the most decorated American combat soldier of World War II.
- 9:32Get this.
- 9:38Earning 24 medals from the U.S.
- 9:40government, three from France, and one from Belgium.
- 9:45The most decorated American combat soldier of World War II, all before he was 21.
- 9:51And mind you, this took place in about a three-year period, because he was allowed to come into the army just after 1880.
- 10:0018, 19, 20, all before his 21st birthday.
- 10:04He is the most decorated combat.
- 10:07So, and not even not just from America.
- 10:09I mean, uh, I'll say it this way.
- 10:11He just didn't receive medals from America.
- 10:15Uh, three from France and one from Belgium.
- 10:18He's just absolutely an impressive character, an impressive human being.
- 10:25After the war, he became an actor making more than 40 movies.
- 10:30He starred in to Helen Back, which is based on his his life story, his autobiography.
- 10:37He started in the red badge of courage.
- 10:40Still his life wasn't easy.
- 10:43For years, he battled post-traumatic stress disorder.
- 10:46He died in a plane crash in 1971 and is buried in Arlington National Cemetery.
- 10:55When asked about the true meaning of America or what it means to be an American, the true meaning of America, he said.
- 11:07Uh it's it's in a Texas rodeo.
- 11:10It's in a policeman's badge.
- 11:12It's in the sound of laughing children.
- 11:14It's in a political rally.
- 11:16It's in a newspaper.
- 11:18It's in all these things and many more.
- 11:20You'll find America.
- 11:22And all these things you'll find freedom.
- 11:25And freedom is what America means to the world.
- 11:31Maybe we could say he's the embodiment of that, of that idea.
- 11:37The embodiment of the idea that freedom matters.
- 11:44Because that's why you went.
- 11:46That's why you wanted to enlist.
- 11:49That's why he wanted to fight in World War II, because he believed in freedom.
- 11:55And this little man, this little guy had a heart the size of Goliath.
- 12:01Had a heart the size of, I mean, throw in your simile, throw in your metaphor.
- 12:07The dude's heart was massive.
- 12:10Um, not afraid to fight, not afraid to go after it, not afraid to um, not afraid to lay down his life because of what he believed in.
- 12:21He had already proved that to his siblings.
- 12:24Years ago in Texas, he had already proved to 10 other individuals that he was willing to lay down his life for them, willing to fight so they could survive.
- 12:40And this is the heart that he had.
- 12:42And he carried that on, willing to display it for every American.
- 12:49I mean, ultimately saying, look, I I'm willing to lay down my life so every American can continue to speak English and not German.
- 12:59Or some other language.
- 13:02This is the true spirit of Audi Murphy.
- 13:06And so I just thought we'd celebrate Audi Murphy today.
- 13:12I mean, today's the day here.
- 13:14Uh today's the day he's he's wounded while fending off a German attack in eastern France.
- 13:23And it's it's men like him that we should be celebrating.
- 13:29It's men like him who deserve our honor, deserve our our thanks, our gratitude, deserve our praise, deserve our acknowledgement.
- 13:42It's men like him that they're the reason we're able to celebrate 250 years.
- 13:50And we are here today.
- 13:52We're celebrating 250 years of freedom because of not only because of the signers of the declaration, but because of men who followed in their footsteps, like Audi Murphy, who said, yeah, we're we're willing to fight for freedom.
- 14:09We're willing to lay it all down on the line.
- 14:12Uh and so we're celebrating.
- 14:14We're celebrating all year long.
- 14:18And it's it's it's one of our favorite things to do here.
- 14:22It's to go to history class and to celebrate America.
- 14:26Those are the two things.
- 14:28Let's go to history class and let's celebrate America.
- 14:31And listen, you know what?
- 14:32Let me take this opportunity.
- 14:33If you, if you want to celebrate America in style this summer, July 2nd, July 3rd, July 4th.
- 14:41I encourage you and implore you, join us in Nashville, Tennessee.
- 14:45America Out Loud.
- 14:47We'll be hosting our first ever uh convention, conference, rally.
- 14:52I don't know, call it what you want to call it.
- 14:54And we're celebrating 10 years of America Out Loud of the network here, the network that Malcolm started and that continues to blossom, continues to grow, continues to expand by leaps and bounds.
- 15:10We're celebrating 10 years.
- 15:12And in addition to that, we're celebrating 250 years of American independence, and we're doing it in style because Nashville, Tennessee is uh it's a great place to celebrate America.
- 15:27I mean, think about it, the heartland here.
- 15:30They put on a fireworks show that from what I understand, second to none.
- 15:34And on that Saturday night, July 4th, it's gonna be so much fun.
- 15:38So listen, uh, go to AmericaOutloud.news and discover what you need to do to get yourself registered.
- 15:46Fantastic speakers, uh, fantastic breakout sessions, uh, just a beautiful city, a beautiful place to celebrate 250 years of America, and we encourage you to join it.
- 15:58So go uh figure out what you gotta do to get yourself registered.
- 16:02We'd love to see you there, love to have you, love to shake your hand and meet you personally.
- 16:07Because listen, we're grateful that you're a part of a part of this network.
- 16:10We love that you listen.
- 16:12Uh, we love that you love freedom and that you love America.
- 16:16That's why we're here because we love freedom.
- 16:19We love America, and we love to celebrate it.
- 16:22So we're gonna do that in Nashville, Tennessee this summer.
- 16:25And by all means, we would love for you to join us.
- 16:28All right.
- 16:29I'm looking at the clock, we're up against it.
- 16:31I I'm just I cannot wait to get into the oral arguments today on um uh uh on what is a boy and what is a girl.
- 16:42They are the arguments are stunning, they're shocking.
- 16:45I can't believe we're here in this moment, actually having these discussions, but we are.
- 16:50And perhaps it's necessary once and for all to finally and legally tell the Marxists hey, this is the way it is.
- 16:58A man is a man and a woman is a woman, and uh the debate is over.
- 17:04All right, we'll dive into this on the other side of the break.
- 17:06You're listening to the Dean's list on America Out Loud Talk Radio.
- 17:11Let's get real.
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- 20:04Okay.
- 20:05Let's get to what's happening in the Supreme Court here.
- 20:08It's again.
- 20:10Um I can't believe we're here.
- 20:14I I really can't.
- 20:15Uh it seems, it would appear, based upon the oral oral arguments here, that the Supreme Court is inclined to uphold the state bans on boys competing in girls' sports.
- 20:30The the two states in question here in this case are Idaho in West Virginia.
- 20:37The the laws here in both of these states prevent male athletes from playing on females school sports teams.
- 20:47But there's two lawsuits that have been brought, both by men who think they're women.
- 20:54And this is where we've we've come to.
- 20:58We we have we have encouraged.
- 21:01And then I'm gonna say we here.
- 21:03I'm not referring to you and me.
- 21:05I'm not referring to us.
- 21:07I'm referring to the nation as a collective unit.
- 21:12I should can't even really do that.
- 21:15I'm gonna say it this way.
- 21:16There are powers that be in education who have that that's all I'm gonna say.
- 21:23I'm not gonna say we and us, because it's not we and us, it's not you and me.
- 21:28It's powers that be people, particular people in authority who have encouraged this nonsense that a man can be a woman.
- 21:41And I'm here to tell you, my friends.
- 21:44It is absolute nonsense that a man can be a woman.
- 21:51But we're here, we're at this point.
- 21:54Uh, but we've got a Supreme Court justice sitting on the bench currently, when asked the question, what is a woman, was unable to define it.
- 22:05Now we know that she can define it.
- 22:07We we don't believe she's that stupid.
- 22:11We don't.
- 22:12At least I don't.
- 22:13I mean, some of us might.
- 22:16I don't believe she's that stupid or that incompetent.
- 22:21I do believe she's that devious and that deceitful to promulgate an idea proposed by Marxists in order to entrench young people in confusion.
- 22:38This is the end game.
- 22:40The end game is that young people should be confused.
- 22:44So we have men here who who think they're women, and they're encouraged in that thought.
- 22:50They're encouraged to sue Idaho in West Virginia in this case, because Idaho and West Virginia won't let them continue down their path of delusion, thinking they're a women and play in women's athletics.
- 23:09We've come to this point.
- 23:11A long time ago, we should have told these these poor fellows, these two poor souls.
- 23:17Look, gentlemen, you're not women.
- 23:21You can't be.
- 23:22You never have been, you aren't, and you never will be a woman.
- 23:27It's just not in your biological future.
- 23:31It's not in your biological nature.
- 23:35But instead of helping these two young men and getting them treatment, there are people in their lives who encourage them down a road of delusion.
- 23:49And since so we're here.
- 23:50Now we're at the Supreme Court.
- 23:52And the Supreme Court has to decide what's a man and what's a woman.
- 23:58And what's shocking is that we have a woman on the Supreme Court who who really should recuse herself from this because she's already admitted she doesn't know.
- 24:08It's she going to recuse herself from this case.
- 24:13I think she should.
- 24:16I think she if you don't know what a what a woman is, how can you how can you rightly judge?
- 24:22But again, uh I'm kind of going in a circle here because she does know she's being deceitful.
- 24:30Which again, she should recuse herself from every case.
- 24:34She should retire from this, she should do the right thing and step down from the Supreme Court because she is on purpose being deceitful.
- 24:44I don't believe she's in, you know, maybe she isn't competent.
- 24:47I don't know.
- 24:48She might be incompetent.
- 24:50I think she's more deceitful than she is incompetent, however.
- 24:55I've got this clip that I want to play for you.
- 24:59It is a clip of Brandon Gill.
- 25:05Brandon has become far and away one of our most um, I don't know, celebrated congressmen as of late.
- 25:15You know, with the retirement of the fire brand, Matt Gates last year.
- 25:22Brandon Gill has uh he's kind of risen to the top of the ladder here.
- 25:29And there is this uh there's this back and forth that he has with um with a doctor, and it's important, it's important that you hear it.
- 25:42It is um it's mind-boggling.
- 25:45It's it's just mind-numbing that just the the questions he's you know what I don't think it is Brandon Gill, actually.
- 25:55Can we pull up the clip?
- 25:56I don't think it's Brandon Gill.
- 25:58Actually, I think it's uh I think it's Josh Howley.
- 26:02And I'm matter of fact, I may even uh have played it for you a couple of days ago.
- 26:05I think it's Josh Howley, which you know, either way, Josh Howley or Brandon Gill.
- 26:10We love both of these guys.
- 26:11I think it might be in Holly, though.
- 26:13Can we can we find that clip and pull it up?
- 26:16I hesitated there because I wasn't sure where the conversation was going or what the goal was.
- 26:22I mean, I do take care of patients with different identities.
- 26:24I take care of many women, I take care of people with different identities.
- 26:28Um, and so that's where I paused.
- 26:30I think um, I wasn't sure where you were going with that.
- 26:34Well, the uh the goal is just the truth.
- 26:35So can men get pregnant?
- 26:37I hesitated there because I wasn't sure where the I hesitated there.
- 26:43Said a moment ago that science and evidence should control, not politics.
- 26:49Thank you, Mr.
- 26:49Chairman.
- 26:50Since you bring it up.
- 26:51Why don't we just start there?
- 26:52Dr.
- 26:53Verma, I wasn't sure I understood your answer to Senator Moody a moment ago.
- 26:57Do you think that men can get pregnant?
- 27:00Said a moment ago that okay, so we've we've got it, and it's kind of long.
- 27:08This is the one that we played the other day, but it's it's apropos, I think that we play it again.
- 27:13Josh Howley is uh interviewing the the Democrat witness.
- 27:18She's a doctor, Dr.
- 27:19Verma.
- 27:21And he's he's asking her a simple question.
- 27:24Can men get pregnant?
- 27:25It's just that simple.
- 27:26But we've got to this point where experts, uh, doctors, educated individuals who are spouting confusion.
- 27:37They're they're spouting lies.
- 27:40Blatant lies designed to do one thing, and that is to deceive and to confuse.
- 27:45I guess it's two things.
- 27:46Deceive and confuse is two things, isn't it?
- 27:49All right, let's start this clip.
- 27:51I don't, we're not gonna play all of it because it's long.
- 27:54But let's um okay, here we go.
- 27:56Let's get into it.
- 27:57Thank you, Mr.
- 27:58Chairman.
- 27:58Since you bring it up.
- 28:00Why don't we just start there?
- 28:01Dr.
- 28:01Verma, I wasn't sure I understood your answer to Senator Moody a moment ago.
- 28:05Do you do you think that men can get pregnant?
- 28:09I hesitated there because I wasn't sure where the conversation was going or what the goal was.
- 28:14I mean, I do take care of patients with different identities.
- 28:17I take care of many women, I take care of people with different identities.
- 28:20Um, and so that's where I paused.
- 28:22I think um, yeah, I wasn't sure where you were going with that.
- 28:27Okay, so that's fair.
- 28:29She paused there.
- 28:30She she wasn't sure where he was going with with the questioning.
- 28:36Okay.
- 28:37Um, and then he says to her, well, here's where we're going with it.
- 28:41I just I'm in search for the truth.
- 28:46I take care of people with many identities, but um men get pregnant.
- 28:50Many wet women that can get pregnant.
- 28:52I do take care of people that don't identify as women that can men get pregnant.
- 28:58Again, as I'm saying Let me just let me just remind you if you testified to a moment ago.
- 29:03Science and evidence should control, not politics.
- 29:06So should can men get pregnant?
- 29:09Or you're a doctor.
- 29:10Science and evidence should guide medicine.
- 29:12I do science and evidence tell us that men can get pregnant, biological men can they get pregnant.
- 29:18I also think yes, no questions like this are a political tool.
- 29:21No, yes, no questions are about the truth, doctor.
- 29:23Let's not make a mockery of this proceeding.
- 29:25This is about science and evidence.
- 29:27So I'm asking you, you know, the United States Supreme Court just heard arguments yesterday at great lengths on this question.
- 29:34This is not a hypothetical question.
- 29:35This is not theoretical that affects real people in their real lives.
- 29:39And you're here as an expert, called by the other side as an expert, and you've been telling us that you that you follow, right?
- 29:46You're a doctor, and you follow the science and the evidence.
- 29:49So I just want to know, based on the science, can men get pregnant?
- 29:55That's a yes or no question.
- 29:56It really is, I think.
- 29:58I think you're trying to reduce the complex.
- 30:00Complexity of a lot of people I'm not.
- 30:01I'm trying to get it's not complex.
- 30:03I'm trying to get to an answer, and I'm trying to test frankly your veracity as a medical professional and as a scientist.
- 30:11Can men get pregnant?
- 30:12I think you're also conflating males.
- 30:16No, I'm not conflating male and female.
- 30:18They're two different things.
- 30:19There's biological men and there's biological women.
- 30:23And I want to know can men get pregnant.
- 30:25Well, you are talking about is biological.
- 30:28You're not going to answer my question.
- 30:31This isn't hard, Doctor.
- 30:33Can men get pregnant?
- 30:35Yes or no.
- 30:37I would be more than happy to have a conversation with you that is not coming from a place of trying to be polarized and pushes.
- 30:46I'm not trying to be polarizing.
- 30:47I'm trying to ask.
- 30:48I think it is extraordinary that we are here in a hearing about science and about women.
- 30:54Thank you, Mr.
- 30:55Chairman, since you bring it up.
- 30:57Why don't we just okay?
- 31:01We're gonna stop there.
- 31:02I just when he when he just pauses and takes a breath and says, Oh, this is extraordinary.
- 31:11That uh it got me.
- 31:14That it makes me laugh.
- 31:17It's unfortunate that we are here at this place, that this woman who is a doctor, presumably uh educated, refuses to answer the question if a man can get pregnant or not.
- 31:33And the reason she refuses to answer the question, it's not because she doesn't know.
- 31:39She knows the answer that men can't get pregnant, but she can't say that because she's driven by an ideology.
- 31:49She's not driven by science, she's not driven by knowledge or wisdom or understanding.
- 31:55She's driven by an ideology.
- 31:58An ideology that says that women who pretend to be men can get pregnant, therefore men can get pregnant, because women pretend to be men, and it becomes this pretend world, it's pretend land.
- 32:18I'm gonna put I'm gonna pretend to be a woman, and so therefore I can get pregnant because I'm a woman.
- 32:25Well, I can't.
- 32:26There's no way around it.
- 32:27I don't care how how much I pretend, it's not gonna happen.
- 32:32She knows this.
- 32:34Again, she's she's not stupid.
- 32:37She's she's deceptive.
- 32:40And she's deceptive with the intent of being confusing.
- 32:48You know what?
- 32:49I just I love that that verse that says God is not the author of confusion.
- 32:56And if God isn't the author of confusion, then by golly, who is who authors confusion?
- 33:03But it's not God, it's evil.
- 33:06Evil offers confusion.
- 33:09There is a I don't know where you stand on this matter religiously, but there is a demonic, in my opinion, there is a demonic force afoot to confuse humanity to take them down a deceptive road of confusion that will ultimately end in their destruction.
- 33:33I mean, it seems obvious to me, and maybe it's obvious to you that that's the case.
- 33:39Uh I'm not saying this woman's demon-possessed, then that's not my point.
- 33:44My point is that God is not the author of confusion.
- 33:47She is engaged in confusing young people and trying to confuse this Senate hearing.
- 33:56I mean, uh, how he said, look, let's stop making a mockery of this, because that's what's happening right now.
- 34:01You're making a mockery of this.
- 34:03This is a very important proceeding, and and these proceedings are taking place across the street in the Supreme Court building.
- 34:11And these questions affect real people.
- 34:14And we need to come to some conclusions here, Doctor.
- 34:17So can men get pregnant?
- 34:18And then she just, I wasn't sure about the goal of your question.
- 34:22And that's why I paused.
- 34:24And then he says, Well, okay, the goal is the truth.
- 34:27Can men get pregnant?
- 34:28I wasn't sure about the goal, so I I paused there.
- 34:32Okay, we know that's why you pause.
- 34:34Just answer the question.
- 34:35And she refused.
- 34:37It's not that she couldn't.
- 34:39She refused.
- 34:40All right.
- 34:41So let's get let's get to the to the case here.
- 34:45Uh the Supreme Court heard almost three and a half hours of back-to-back oral arguments in Little V.
- 34:52Heacock's, this is the case out of Idaho, and West Virginia v.
- 34:57Peanut butter and jelly.
- 34:59Actually, it's BPJ, butter peanut jelly, but BPJ.
- 35:04Uh, in both of those cases, Idaho and West Virginia argue that their respective laws are consistent with the 14th Amendment of the Constitution.
- 35:15The 14th Amendment's Equal Protection Clause says no state shall deny to any person with it within its jurisdiction the equal protection of the laws.
- 35:29Uh the states also say that their laws do not violate Title IX.
- 35:34Of course, we've talked about Title IX here, ad nauseum.
- 35:37It's a federal civil rights law that forbids sex-based discrimination at any school that receives federal funding.
- 35:44So the athletes here in question, the one from Idaho, the one from West Virginia, are both men and men who pretend to be women, and they want to play on the on the girls' teams at their respective schools.
- 35:58However, the state laws forbid men from participating in female school sports.
- 36:04And the athletes are arguing that the laws violate the equal protection clause, which says that uh that states shall not deny any person within its jurisdiction the equal protection of the laws.
- 36:20And these guys are saying we're not given that because we pretend to be women.
- 36:24We're not given that equal protection.
- 36:27They say that the laws also violate Title IX.
- 36:31Um Lindsay Heacks is the man here suing Idaho over their Fairness of Women's Sports Act.
- 36:40Uh, in this case, a federal district court issued an order allowing heacocks to try out for the women's track and cross team.
- 36:49Track and cross-country team.
- 36:51The court said there are physiological differences between females and males, but that doesn't overcome the inescapable conclusion that the act discriminates on the basis of transgender status.
- 37:08Okay, so either the act is going to discriminate on the base of trans transgender status, or it's going to discriminate on the basis of or I'm I'm sorry, let me say it this way either the act is discriminating on the basis of transgender or it's upholding the law on the basis of biological sex.
- 37:38Well, which is accurate here.
- 37:42Biological sex is accurate.
- 37:45Transgender isn't.
- 37:46It's pretend.
- 37:48It's pretendable.
- 37:49I'm sorry that Lindsay Heacox thinks he's a woman.
- 37:54Okay, it's sad.
- 37:55It really is.
- 37:57But he's a man.
- 37:59And therefore, based upon his actual biological status, he uh there's no discrimination here.
- 38:10Uh the U.S.
- 38:11Court of Appeals for the Ninth Circuit affirmed the federal decision, holding that laws making sex-based distinctions in schools serve as quote, proxy discrimination against transgender identifying athletes.
- 38:27Uh, which then in turn discriminates against actual women.
- 38:31You you can't have it both ways.
- 38:35Uh the high school student in the West Virginia case, BPJ sued to block West Virginia's Save Women Sports Act.
- 38:46And in this case, a federal district court allowed the state law, finding there was no genuine dispute that biological males have physiological advantage advantages over biological females.
- 39:01The U.S.
- 39:02Court of Appeals in the Fourth Circuit then overrode that federal decision uh and blocked the law, finding that the district court was wrong to rule for the state because quote, there is a genuine dispute of material fact over whether those born male enjoy a meaningful competitive athletic advantage over young women born female.
- 39:27Where is the material fact?
- 39:30There is no material fact here.
- 39:33The Fourth Circuit Court of Appeals is uh driven by ideology and not by material fact.
- 39:43The circuit court also held that the district court should have granted summary judgment to BPJ on his, I like that they call him a his here on his Title IX claim because the state law unlawfully excluded him from participating in sports.
- 40:00It didn't.
- 40:01Didn't exclude him from participating in sports.
- 40:04He can he has every right to participate in sports.
- 40:08Just in the men's sports.
- 40:11Not in the women's sports.
- 40:13Because contrary to the opinion of the U.S.
- 40:15Court of Appeals, there is a material fact.
- 40:18The district court got it right.
- 40:20Biological males have a physiological advantage over biological females.
- 40:25Everybody knows this.
- 40:28Everybody except some judges that sit on the Fourth Circuit Court of Appeals.
- 40:35And even they know it.
- 40:36They know it to be true.
- 40:39They're not stupid people.
- 40:41They're engaging in deception.
- 40:44For the sake of can of being confusing.
- 40:49So during the oral arguments here at the Supreme Court just a few days ago, the Idaho Solicitor General, Alan Hearst, said his state's law treats all males and females equally.
- 41:00The law classifies on the basis of sex because sex is what matters in sports, not gender identity.
- 41:08Thank you.
- 41:09Mr.
- 41:10Hearst.
- 41:12He said males have countless athletic advantages, and this has led to males injuring females in sports.
- 41:18If women don't have their own competition, they won't be able to compete.
- 41:23He's spot on.
- 41:24He continued.
- 41:25The other side, he said, is sinking is seeking special treatment for males, but only if those males identify as transgender.
- 41:34Only if those males are pretending to be girls.
- 41:38They deserve special treatment.
- 41:41And yes, they do because you know it's a pretend world out there.
- 41:46And we need to honor those who want to pretend.
- 41:50I mean, yes, honor, honor that man who's pretending to be a woman.
- 41:54Absolutely.
- 41:55Give him honor and give him we should uh give him special treatment.
- 42:02Is it because you don't care about women?
- 42:04Well, what's happening here to the left?
- 42:07Uh so one of the female justices, Sonia Sotomayor told Hearst that his argument for evaluating the constitutional, the constitutionality of the law, using the rational basis test, which is the least demanding standard, makes no sense to me by its nature.
- 42:29That's a sex classification.
- 42:31And all sex classifications we have said repeatedly in our case law require intermediate scrutiny.
- 42:39Um under rational basis review of government action will be upheld if it's rationally related to a legitimate government purpose under the more under the more demanding intermediate scrutiny standard, which is often involved in sex or gender identity cases.
- 42:57A government action will be upheld if it is substantially related to an important government goal.
- 43:03So I don't know, I get the feeling that Sonya Sotomayor is splitting here.
- 43:10I'm looking at the clock here and I'm up against it.
- 43:13I want to get into some of the the tit for tat here, some of the back and forth in these oral arguments, because they're just profound.
- 43:20All right, we'll do that on the other side of the break.
- 43:22You're listening to the dean's list on America Out Loud Talk Radio.
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- 45:04Well, did you see Google quietly updated its AI principles removing its pledge not to use AI for weapons or surveillance?
- 45:13A promise they agreed to in 2018.
- 45:16Well, the American people have seen Google's track record.
- 45:19In question is Google an untrustworthy player in the AI race.
- 45:29Now is our time, my fellow Americans.
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- 46:44All right.
- 46:45So let's let's get into the uh the back and forth here of this the uh the exchange here at the Supreme Court.
- 46:54What is that definition for equal protection purposes?
- 46:59Ask Samuel Alito.
- 47:02He says, What does it mean to be a boy or a girl or a man or a woman?
- 47:06We're talking about equal protection under the law.
- 47:10And um Alito asks this question during the first round of oral arguments in the case of Little V.
- 47:17Heacock.
- 47:18So this is the uh the Idaho case again.
- 47:21Uh Idaho's law, House Bill 500 bans transgender individuals from participating in women's sporting events, and this is the law that's being challenged by the man pretending to be a woman, Lindsay Heacox.
- 47:37Uh he's a student at Boise State.
- 47:41So Alito says, What is that definition for equal protection purposes?
- 47:46What does it mean to be a boy or a girl or a man or a woman?
- 47:50Uh we do not have a definition for the court, replied Heacks's attorney, Kathleen R.
- 47:58Hartnett.
- 48:01Uh, she argued that her side was not challenging the definition of a woman, but merely the way Idaho had applied it to the case.
- 48:11She said the way it applies in practice is to exclude birth sex males categorically from women's teams, and that there's a subset of those birth set males where it does not make sense to do so.
- 48:27Uh I think right there the argument is over.
- 48:31Because yes, it does make sense to do so because there is no subset of birth males.
- 48:37That's it.
- 48:38You're a male at birth.
- 48:41Pretending to be a woman does not make you a subset of being a male.
- 48:47That should have been that should have been a legal's follow-up.
- 48:51Now, I I can't pretend to be a Leto here.
- 48:54Alito is a blooming genius.
- 48:56He's a much smarter man than I am.
- 49:00And I haven't even looked at his response yet, but I'm thinking, if I'm on the bench, I'm arguing no, there is no subset here.
- 49:09You're a man.
- 49:11And pretending to be a woman doesn't is not a category of a subset of being a man.
- 49:16All right.
- 49:17Alito says, um, how can a court determine whether there is discrimination on the basis of sex if we don't know what sex means for equal protection purposes?
- 49:30Of course, he's he's referring to the 14th Amendment here.
- 49:35Uh she says, I think here we just know that Lindsay qualifies as a birth sex male and she's being excluded categorically from the women's team as the statute.
- 49:48Um right there, Alito should have said, Why are you referring to her as a she if she if she's a birth sex male?
- 49:56She's not a she.
- 49:59She's a
- 50:00He pretending to be a she, but a he.
- 50:05Alito then asked Hartnett if a self-identified woman could be defined as a woman.
- 50:14The person says, I sincerely believe I'm a woman.
- 50:17I am in fact a woman.
- 50:18Is that person not a woman?
- 50:20He he asked.
- 50:22Hartnett responded that she would respect their self-identity in addressing the person, though she argued that self-identity was not at issue.
- 50:33If it's if it's not at issue, then for crying out loud, why are we here?
- 50:40Because he's self-identifying as a woman.
- 50:43I mean, that's what it means to be transgender, right?
- 50:45Or does it mean something else?
- 50:47I mean, it's pretend world.
- 50:49We know that.
- 50:51The same question seeking the definition of sex in a woman was repeated by Chief Justice Roberts and Justice Kavanaugh during oral arguments in the next case, which would be West Virginia v BPJ, where the parents of Becky Pepper Jackson, a high school student in West Virginia, are challenging a state law that bans Becky Pepper Jackson, who is presumably a man, pretending to be a woman from participating in school sports.
- 51:31You don't think we should have an operating definition of sex in Title IX?
- 51:35Asked Roberts to Pepper Jackson's counsel, Joshua Block.
- 51:43Block responded, I don't think Congress adopted a definition of race in Title VI in order to prohibit discrimination on the basis of race.
- 51:53I think we're not trying to police the accuracy of the terminology.
- 51:56Well, no, they didn't offer a definition of race because everyone knows what it is.
- 52:01And the same is true here for sex.
- 52:03Everybody knows what it is, except Marxists who are attempting to conflate and confuse.
- 52:13Kevinaugh questioned Block on whether states could adopt different definitions of the term sex when setting laws regarding women's sports.
- 52:22Do you think sex in Title IX can reasonably be interpreted to allow different states to take different understandings of that in their sports leagues?
- 52:31He asked.
- 52:37Block argued.
- 52:39I think the purpose is to make sure that sex isn't being used to discriminate by denying opportunities, just as I don't think we need to define race in order to enforce Title VI.
- 52:51Well, you morons are making us have to define sex here because you've got men pretending to be women.
- 53:09And we don't have white people identifying as black people, pretending to be black.
- 53:13We don't have brown identifying to be it.
- 53:18You see what's happening here.
- 53:19You get the point.
- 53:21But now we're here where we have to offer a definition of sex because we have people pretending.
- 53:27And we have to remove this pretend world.
- 53:30But why can't one of the justices just argue that or offer it back?
- 53:35Let's lob that back to Mr.
- 53:38Block here.
- 53:40Ums in both cases held back to back, lasted three hours.
- 53:45The court is expected to deliver its opinion during the present term.
- 53:52So I don't know.
- 53:54I'm not um, I'm not impressed.
- 53:58I'm not impressed by the line of questioning here.
- 54:01I am um I'm disappointed, actually.
- 54:05I think we need to put this thing to bed once and for all.
- 54:10We need to be done with it.
- 54:12We need to be done with the insanity with with the stupidity.
- 54:17Can't we just cease the stupidity?
- 54:21Um it just I don't know.
- 54:24It doesn't make sense to me.
- 54:26None of it makes sense.
- 54:28But here we are.
- 54:30We're at this point.
- 54:32We're at this point in the world where we are disputing what it means to be a man and what it means to be a woman, only because people are screaming that the emperor is wearing new clothes.
- 54:50And there are others that are just saying, oh, okay, I guess I guess the emperor's got some new clothes on.
- 54:56I mean, it looks buck naked to me, but I must be stupid because I can't see his clothes.
- 55:02I mean, uh look, I don't mean to sorry for my southern draw there.
- 55:07I don't mean to to make fun of you folk in the southern region to, I mean, that's just my that's that's my stupid accent.
- 55:14I'm sorry, it's all I got.
- 55:15That's my stupid accent.
- 55:17So I probably just offended half the audience.
- 55:20Please accept my apologies.
- 55:22Do not mean to offend.
- 55:25Oh boy, I just tell you what, it's easy to offend nowadays.
- 55:29Listen, um, I'm just glad you're here.
- 55:34I'm glad the audience is here.
- 55:35I'm glad that you're you're partaking in the opportunity to discover the truth.
- 55:42Because that's what we're after.
- 55:44We're after the opportunity to discover the truth.
- 55:48Let's get to the bottom of this once and for all.
- 55:50Let's make it clear that a man is a man and a woman is a woman, and you can pretend all day long.
- 55:57If we would just turn our focus to helping those that are in pretend world, I think they need help.
- 56:04And I think we should be offering that help to them, but there is a particular side of the aisle that refuses to acknowledge that they need help because they want us confused.
- 56:16They want us uneducated, they want us incompetent, and they want us under their thumb.
- 56:21Look, that's what this thing boils down to.
- 56:23It boils down to power and control, and let's get the people under our thumb.
- 56:28Well, it's not gonna happen here.
- 56:30We're not going under anyone's thumb.
- 56:33We are going to maintain a um uh an educated spirit, and and we're going to do our best to educate the masses.
- 56:43And it's it's why we go to history class, because we believe in education.
- 56:48We believe in in the proper uh unfolding of American history.
- 56:54And we we believe that students need to be smart.
- 56:59That's just it.
- 57:00They they they just simply need to be smart, and we we want to do our part to get them there.
- 57:06And we are grateful that you are along for the ride.
- 57:09Thank you for joining us on this journey.
- 57:12We're happy to be, we're happy to be here.
- 57:14We love being on the network.
- 57:16Uh, we love being on America out loud, and we're grateful that you're on America Out Loud with us.
- 57:21If you haven't joined us at Substack yet, do that.
- 57:24Go to Substack right now and um subscribe.
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- 57:32All right, thanks for joining me.
- 57:33Encourage your friends and family to get on the dean's list.
- 57:36Let's unite to renovate the age.