What did Mrs Justice Jackson say?
She attempted to draw a parallel between banning transgender procedures for minors and banning interracial marriage during the oral arguments. Her premise was nothing short of baffling. She started by saying, “Being drawn by the statute that was sort of like the starting point, the question was whether it was discriminatory because it applied to both races and it wasn’t necessarily invidious or whatever,” before trailing off in a haze of confusion.And that, as Mr Margolis continues, is why we get more Trump.
Her argument only got more tangled as she continued, “But you know, as I read … the case here, the court starts off by saying that Virginia is now one of 16 states which prohibit and punish marriages on the basis of racial classifications.” She clearly wanted to invoke the history of racial discrimination, but the connection to the current case was tenuous, to say the least.
Then, the real leap in logic came: “And when you look at the structure of that law, it looks in terms of you can’t do something that is inconsistent with your own characteristics. It’s sort of the same thing.” The idea that prohibiting minors from receiving irreversible barbaric gender surgeries and hormones could be compared to a law prohibiting interracial marriage is, quite frankly, laughable. Jackson’s comparison seemed to rest on an assertion that both laws were somehow grounded in “inconsistency” with one’s “characteristics.”
Of course, this is the same person who infamously declared during her confirmation hearings that she couldn’t define what a woman is because “I'm not a biologist.”
Then, without missing a beat, she tried to pivot: “So it’s interesting to me that we now have this different argument, and I wonder whether Virginia could have gotten away with what they did here by just making a classification argument the way that Tennessee is in this case.” At this point, even she seemed to realize how far-fetched the analogy was.
Solicitor General Elizabeth Prelogar, who is at the Supreme Court arguing on behalf of the Biden administration, responded, “Yes, I think that’s exactly right that there is absolutely a parallel between any law that says you can’t act inconsistent with a protected characteristic and in all other context.”
Banning sex changes for minors and banning interracial marriage are fundamentally different and cannot be compared. Interracial marriage bans were rooted in overt racial discrimination. In contrast, bans on gender procedures for minors aim to protect children from irreversible medical interventions when they lack the maturity to make such life-altering decisions.That Our Progressive Betters hope to change the old term "sex change operation" to the murkier "gender affirming procedures" only contributes to the incoherence. But undermining history and reason is the essence of activist scholarship, isn't it?
Interracial marriage laws targeted consenting adults, while these bans focus on protecting vulnerable youth. Comparing the two minimizes the harm of racial segregation and misrepresents the ethical concerns surrounding experimental medical treatments for children. It’s a false equivalence that undermines both history and reason.








