Fisking An Anti-TERF Sports Rant

     Sometimes a rant is so incoherent that one can not criticize it’s non-existent point, but simply fisk the incoherent ramblings themselves. It is especially important to do so when it comes from a law professor who writes for Teen Vogue and “unironically” includes pronouns in the Twitter bio.

A fisking! A fisking!

     Without further ado.

     If you have a penis but insist on using word “woman” to describe yourself, arguing terms might not be the best idea.

     Unless that idea is to be totalitarian who thinks “1984” is a “how-to” guide.

     Ah, the “lived experience” trope that posits that reality dependent on who one is and not, ya know, just real.

     No. Neither women nor “women” derive rights from nondiscrimination protections. Rights are fundamental and a recognition of liberties and freedoms that are independent of, and antecedent to, legislation or even government itself.

     Ah, the “definition” that was universal before the age of gender studies and still used by most people to refer to biological females, who are one of the two sexes and have physical and actual physiological differences with males, both acute and statistically significant.

     The Constitution does not grant any right. It simple declares rights that already existed and restricts the government from infringing upon them.

     No, those rights and liberties are inalienable and apply regardless of those or other traits.   Non-discrimination legislation says that neither the government nor businesses can discriminate upon those bases.

     No, the presumption is that one’s biological sex doesn’t matter most of the time, but that there are cases when the objective reality of biological sex must be taken into account and people be treated differently when there are actual and relevant differences.

     And no, “sex” is not “infinite” nor is it “largely unknowable”.

     That one’s sex isn’t taken into account mean that it doesn’t matter what sex you are since it isn’t taken into account.

     It is rather obvious.

     Because being forced to hire someone because of their sex is antithetical to not discriminating on the basis of sex?

     Negative rights can not be updated because they exist independent of any purported “updater”, as the Bill of Rights aptly recognizes. That the Supreme Court invented transgender rights that contradict the plain text of the statute that allegedly this right was derived does not, and can not, take away the fact that separate sports for biological females was instituted to prevent all sports from being dominated by males and that by allowing biological males to play on “women’s sports” that biological females will be excluded or at the very least placed as a permanent underclass.

     Except what is taken by biological males who couldn’t cut it in “men’s sports” but could dominate in “women’s sports”.

     That’s what equal protection means, after all.

     If not discriminating is a problem, then perhaps your idea of “JUSTICE” is off.

     Our “system” recognized physical and physiological differences between the sexes and allows those differences to be taken into account when relevant.

     What relevant difference is there with different “gender identities” if such a thing is separate and distinct from biological sex?

     Let’s face it, “gender identity” is only relevant vis à vis one’s biological sex.

     No, you want to take away their access to “women’s sports” by allowing biological males to dominate them.

     It allowed for separate facilities and teams, for example, due to differences between the biological sexes.

     This is a fundamental misunderstanding from someone who claims to be a law professor.

     Legally it is.

     This person seems to be almost on the verge of acknowledging the incoherence in this Twitter rant… almost.

     The U.S. Women’s Soccer team is not only inferior to the U.S. Men’s Soccer team, they even get their butts kicked by amateur early teen boys. Why? Not because of differences in “gender identity” but due to actual physical differences between the sexes.

     TERFs ain’t constructing false realities when it comes to biological differences between the sexes.

     Aside from same-sex sexual harassment, the reality off women’s sports is based on objective biological reality.

     Negative rights and equality under the law is a rather ineffective way to create a “system of oppression”.

     Just sayin’.

     There are a handful of additional tweets, but nothing that isn’t ignorable.

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