YIKES! ACLU Lawyer Can’t Answer When Justice Alito Asks Her to “Define man or woman, boy or girl” During Questioning on Transgenders In Sports Case [VIDEO]
Today, the U.S. Supreme Court Justices listened to arguments from attorneys on whether states can ban biological boys who identify as “transgender” from playing on girls’ and women’s sports teams in public schools and colleges.
The two controversial cases the Supreme Court heard were: Little v. Hecox, from Idaho, where a law says sports teams must be based on biological sex at birth. West Virginia v. B.P.J. (or Becky Pepper-Jackson) — from West Virginia, where a similar law (“Save Women’s Sports Act”) bars transgender girls from female teams. The West Virginia case involves a 15-year-old high school student named Becky who has been on hormone therapy and wants to compete in track and field.
The cases were heard by a conservative majority court, with leftist Justices Sotomayor, Kagan, and the far-left Biden-appointed Ketanji Jackson (the most low-IQ justice on the court) arguing in favor of stripping young girls and women of the opportunity to privacy in the locker rooms and from being able to achieve the top spots in their sport when competing against biological men.
Conservative lawyers argued that states have every right to BAN biological males from invading girls’ and women’s sports teams, while lawyers representing the Left appeared to be hell-bent on blurring the lines between sexes.
At one point during their pro-trans boys in girls’ locker/bathrooms argument, the ACLU lawyer Kathleen Hartnett was asked by Justice Samuel Alito to define a man, boy, woman, or girl. Hartnett appeared to panic as she realized Alito had brilliantly set a trap for her. Unable to answer the question, Hartnett appears to panic, telling him “they” don’t have a definition.
Here is the transcript from the exchange:
Supreme Court Justice Samuel Alito: Well, to pick up on the issue of discrimination on the basis of transgender status, let me just go back to—let me go to some basics. Do you agree that a school may have separate teams for a category of students classified as boys and a category of students classified as girls?
ACLU Lawyer Kathleen Hartnett: Yes, Your Honor.
Justice Alito: If it does that, then is it not necessary for there to be, for equal protection purposes, if that is challenged under the Equal Protection Clause, an understanding of what it means to be a boy or a girl or a man or a woman?
Hartnett: Yes, Your Honor.
Justice Alito: And what is that definition? For equal protection purposes, what does it mean to be a boy or a girl or a man or a woman?
Hartnett: Sorry, I misunderstood your question. I think that the underlying enactment, whatever it was, the policy, the law, the—we’d have to have an understanding of how the state or the government was understanding that term to figure out whether or not someone was excluded. We do not have a definition for the Court.
And we don’t take issue with the—we’re not disputing the definition here. What we’re saying is that 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 sex males where it doesn’t make sense to do so according to the state’s own interest.
Justice Alito: Well, how can you—how can a court determine whether there’s discrimination on the basis of sex without knowing what sex means for equal protection purposes?
Hartnett: I think here we just know—we basically know that the—that they’ve identified pursuant to their own statute, Lindsay qualifies as a birth sex male, and she’s being excluded categorically from the women’s teams as the statute. So we’re taking the statute’s definitions as we find them and we don’t dispute them. We’re just trying to figure out do they create an equal protection problem.
Watch:
Absolutely incredible…
JUSTICE ALITO: To decide if there’s discrimination on the basis of sex, we need to define what sex is, right?
ACLU lawyer: Yes, your honor.
ALITO: What does it mean to be a man or woman, a boy or girl?
ACLU lawyer: We do not have a definition. pic.twitter.com/vHWjiK8HNW
— Geiger Capital (@Geiger_Capital) January 13, 2026
The truth is, Republican-led laws that are already protecting girls in several states across America provide girls and women with the assurances that all of the hard work they’ve dedicated to becoming the best at their sport will not be stolen from them by confused biological boys or men, or worse yet, boys pretending to be women. These “trans” athletes are stealing top spots in sports that they would only be considered “mediocre” at best if they were forced to compete with other males.
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