5 biological men roster wins Australian women's soccer league title & also undefeated this season

Legal conflict. The issue to be litigated is whether federal law can trump (small pun) state constitutions on the issue. It would be the job of the department of education to oversee such litigation but rumor has it that department is going away (itself a questionable eo). Theres an entire sub field of con law (by far the longest and most tedious subsection in the law school class) on federal supremacy, mostly related to the interstate commerce clause. Given even the chief in the Obamacare case took pains to limit the scope of federal power, it might wind up boomeranging on title ix with a result folks concerned with women’s sports don’t like.
How is this different from the legal conflict between the Biden administration and the various states which banned biological males from girls' sport teams? Either way, you have one level of government saying "you must" while another level says "you can't".

No real difficulty in using the interstate commerce clause. The court already went full butterfly wing with their marijuana ruling. If growing MJ in your closet for personal use counts as interstate commerce, then a national sports league like NCAA absolutely qualifies.
 
How is this different from the legal conflict between the Biden administration and the various states which banned biological males from girls' sport teams? Either way, you have one level of government saying "you must" while another level says "you can't".

No real difficulty in using the interstate commerce clause. The court already went full butterfly wing with their marijuana ruling. If growing MJ in your closet for personal use counts as interstate commerce, then a national sports league like NCAA absolutely qualifies.
Out of 510,000 athletes competing at the collegiate level, there are fewer than 10 who publicly identify as transgender, Charlie Baker, the N.C.A.A.
 
Out of 510,000 athletes competing at the collegiate level, there are fewer than 10 who publicly identify as transgender, Charlie Baker, the N.C.A.A.
Ok. So the new rule hurts very few people. Glad we're getting it done now.

Why on Earth did Dems choose this hill to die on? The vast majority of their own party disagrees with them. At some point, you need to grow a spine and tell your radicals that you can't support everything they want.
 
How is this different from the legal conflict between the Biden administration and the various states which banned biological males from girls' sport teams? Either way, you have one level of government saying "you must" while another level says "you can't".

No real difficulty in using the interstate commerce clause. The court already went full butterfly wing with their marijuana ruling. If growing MJ in your closet for personal use counts as interstate commerce, then a national sports league like NCAA absolutely qualifies.
Not college. High school and lower.

It's similar but slightly different. 1) I don't recall the Biden admin having filed suit against a state for trying to ban trans athletes. Trump I think might. 2) the mechanisms are different. Biden tried through regular rules to alter Title IX which would have enshrined the change for all time. He quietly dropped it on Dec. 24 so the rule was never promulgated, hence was never tested by the Dept of Ed. Trump has tried to do so through admin order so it can be reversed by a subsequent D admin and takes effect right away. The legal position is as a result weaker since it relies on the Dept of Ed (which he might fold) enforcing it through litigation and a possible admin rule down the line. 3) I'm not aware of any state having amended their constitution to expressly provide no men in women's sports or to define gender biologically. The moves made have been through legislation (KS, MN, TN). By contrast several states do have transgendered rights enshrined in their state constitutions.

Finally, Gonzales (the medical marijuana case) precedes NFIB (Obamacare). The latter in time is controlling. And the point went over your head. The chief in NFIB to save Obamacare relied on the taxation clause and came to the conclusion that the interstate commerce clause provided insufficient jurisdiction to support the federal mandate. It substantially limited the scope of the interstate commerce clause and is the pivot point case when it comes to the ruling. There is a danger that the court finds that Title IX cannot extend to purely state matters, such as education has been traditionally been considered, and therefore Congress cannot dictate to the states how they conduct education (they could regulate the league, but Congress would have to go back to the drawing board to do that which in the divided Congress is unlikely). I'm not saying it will happen, just that it gives the conservatives, who have always hated the equality principle and given the recent market shifts in college athletics, the opportunity to kill it once and for all.
 
Trump signed an executive order banning biological males from women’s sports. We live in interesting times.
Interesting indeed. It's ridiculous that an EO had to be signed in the first place to make anything stick.
And here I thought we'd put this thread to bed.
 
Not college. High school and lower.

It's similar but slightly different. 1) I don't recall the Biden admin having filed suit against a state for trying to ban trans athletes. Trump I think might. 2) the mechanisms are different. Biden tried through regular rules to alter Title IX which would have enshrined the change for all time. He quietly dropped it on Dec. 24 so the rule was never promulgated, hence was never tested by the Dept of Ed. Trump has tried to do so through admin order so it can be reversed by a subsequent D admin and takes effect right away. The legal position is as a result weaker since it relies on the Dept of Ed (which he might fold) enforcing it through litigation and a possible admin rule down the line. 3) I'm not aware of any state having amended their constitution to expressly provide no men in women's sports or to define gender biologically. The moves made have been through legislation (KS, MN, TN). By contrast several states do have transgendered rights enshrined in their state constitutions.

Finally, Gonzales (the medical marijuana case) precedes NFIB (Obamacare). The latter in time is controlling. And the point went over your head. The chief in NFIB to save Obamacare relied on the taxation clause and came to the conclusion that the interstate commerce clause provided insufficient jurisdiction to support the federal mandate. It substantially limited the scope of the interstate commerce clause and is the pivot point case when it comes to the ruling. There is a danger that the court finds that Title IX cannot extend to purely state matters, such as education has been traditionally been considered, and therefore Congress cannot dictate to the states how they conduct education (they could regulate the league, but Congress would have to go back to the drawing board to do that which in the divided Congress is unlikely). I'm not saying it will happen, just that it gives the conservatives, who have always hated the equality principle and given the recent market shifts in college athletics, the opportunity to kill it once and for all.

Trump doesn’t need it to be legally bulletproof. If the liberals want to file lawsuits and keep it in the headlines for another two years, that’s just fine from his perspective.

Goes back to the question of why the Dems are choosing this hill to die on.
 
Trump doesn’t need it to be legally bulletproof. If the liberals want to file lawsuits and keep it in the headlines for another two years, that’s just fine from his perspective.

Goes back to the question of why the Dems are choosing this hill to die on.
I agree with this. I'm just pointing out there are side effects that could hurt both sides. If federal supremacy is upheld on a blanket basis, the Rs lose an issue which they worked very hard on (limiting the interstate commerce clause) and which the chief gave them on Obamacare. That's been a 60+ years struggle on which they were finally doing some headway. If Trump gets rid of the Dept of Education, he loses the primary authority to police this policy. The Rs may very well prevail on the issue in front of Scotus, but there is a substantial risk Title IX might get gutted in the process (there are at least 3 votes to stab it, Kavanaugh has always been a supremacy state's right libertarian, and if they couch it in terms where the chief might solidify his Obamacare legacy, that's 5, though there are pending retirements as well on the table). The libs will be in an uncomfortable position of trying to defend supremacy but then having to distinguish Trump's orders and actions. And then there are the Olympics/World Cup....if it becomes a substantial issue (relevant to an actual athlete and not just a hypothetical) there is the danger the price of that portion of the EO is they get moved.
 
Ok. So the new rule hurts very few people. Glad we're getting it done now.

Why on Earth did Dems choose this hill to die on? The vast majority of their own party disagrees with them. At some point, you need to grow a spine and tell your radicals that you can't support everything they want.
Exactly.
 
Time to move on. Nice try guys, trying to be a sheep in wolves clothing. Nothing and I mean nothing you do will ever make you a woman. God made you man, now deal with it. No more posers trying to be a gurl. This was insane to have to debate but what else is new on planet lie.

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I think I saw on tv this morning that the NCAA is also getting onboard with this and putting a stop
to males playing with females. Correct me if I'm wrong. I hope I'm not wrong. It's about time.
 

Cif to defy the ban. We now also know how the admin is going to enforce the ban in hs and below: by tying federal funding. Issue with that is the policy was already decided in nfib which scotus put severe limits on the federal governments ability to use funding to coerce state action during Obamacare. Don’t think that one will fly and hard to do if no dept of education anyway.
 
Well the first title ix shoe dropped a lot quicker than I anticipated. Trump may very well succeed in getting biological men who are trans out of women's sport, but it will come at a price for women athletes. TANSTAAFL

 
Well the first title ix shoe dropped a lot quicker than I anticipated. Trump may very well succeed in getting biological men who are trans out of women's sport, but it will come at a price for women athletes. TANSTAAFL

This was forced down our lives and it was complete nonsense. No man can consider himself a woman. Please let EOTL know this as well. That guy scares me. The price has already been paid with head injuries, brain injuries and medals being stolen. Great job CIF for being stupid, again.
 
Well the first title ix shoe dropped a lot quicker than I anticipated. Trump may very well succeed in getting biological men who are trans out of women's sport, but it will come at a price for women athletes. TANSTAAFL

Aren't NIL deals still strictly between the individual and third party? I understand full teams are given NIL deals, but aren't they still technically on an individual basis?

Again, I struggle with the fact that NIL isn't necessarily for name, image and likeness, but more so payment to play a particular sport.

Also my understanding was that NIL was not directly between the school and the player but between a company and player, or NIL organization (boosters) and player (understanding that schools may arrange deals). I'm so confused.
 
Well the first title ix shoe dropped a lot quicker than I anticipated. Trump may very well succeed in getting biological men who are trans out of women's sport, but it will come at a price for women athletes. TANSTAAFL

Tangential story. My daughter is on the dance/cheer team for a Big 12 school. Each football player was to receive a brand new 4x4 Dodge truck. The football coach asked the cheer team to participate in the surprise unveiling of the new trucks to the players. The cheer coach said "hell no".
 
Well the first title ix shoe dropped a lot quicker than I anticipated. Trump may very well succeed in getting biological men who are trans out of women's sport, but it will come at a price for women athletes. TANSTAAFL
The bigger price they won't be paying is being beat (physically,mentally,etc) by a biological male competing against biological females
because he couldn't cut it with the other guys. I'd be willing to bet many, if not the vast majority are willing to pay "the price" you are
referring to in order to play on a fair/level playing field. And a locker room without biological males in it.
 
A new study


Found mtfs in volleyball have equivalent performance to cis women but lower than cis men

A few criticisms:
1. It was a sample sample
2. It didn’t measure all metrics in volleyball only certain metrics
3. It doesn’t apply to all sports
4. It didn’t distinguish between points along a transition (self id v months on hormones v months post surgery)
5. It doesn’t address the bell curve problem. The issue generally isn’t the average mtf trans. Many (perhaps even the majority) will have performance reduced to a cis female level. The issue is the outliers in the bell curve who’s performance is not reduced enough and who have occupied the majority of the media attention.
6. It does serve to highlight the issue though that dumping them in the men’s category also does not address the fairness issue since it’s very clear from this trans and cis male are not equivalent
 
Trump Lays The Smackdown On Governor Of Maine Over Ban On Men In Women's Sports

Trump: Are you not going to comply (with the law)?

Mills: I'm complying with state and federal laws.

Trump: We are the federal law. You better do it because you're not gonna get any federal funding (obey or else) if you don't...

Mills: See you in court. (ok loser)

Trump: Good, see you in court. I look forward to that. That should be a real easy one. Enjoy your life after Governor because I don't think you'll be in elected politics.

 
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