Kristen Waggoner

And so every time one of those scholarships goes to a man in the women's category, a deserving woman doesn't get that scholarship.

First and foremost, it was just how the ACLU was running away from their own arguments that we've been litigating in the past 10 years.

They are scrambling as fast as they can because they don't make sense.

And even the lower court decision below out of the Fourth Circuit Court of Appeals in the West Virginia case, they basically acknowledged the Fourth Circuit got that wrong.

They didn't even try to defend it.

They also refuse to define what sex is.

And if you're unwilling to define what sex is, it makes it awfully hard to prove sex discrimination, which is what these arguments hinge on.

You could almost hear a pin drop in the courtroom when the ACLU refused to acknowledge what a woman was, refused to define what a woman was.

And it was a very important moment that Justice Alito took the advocates through.

One, to highlight the fact that they weren't willing to define it.

But two, in certain parts of the argument, they actually did say, we're not challenging the difference between male and female.

And so then Justice Alito took them through and said, well, then essentially, what are you challenging?

What is the issue?

Because the law protects against sex discrimination.

And in the end, you can hear the advocate say that essentially, they're the ones that are willing to engage in discrimination on the basis of gender identity because they're saying, well, it's good enough.

If you take testosterone suppressants and puberty blockers, you should be treated as a woman.

But if you self-identify and you haven't taken those steps, then you can't be treated, even if you identify as the opposite sex.

So I think Justice Alito is highlighting in that exchange kind of the incongruity of the arguments.

You can't have it both ways.

Well, in court, the ACLU has acknowledged that they aren't going to call those of us who believe in the male and female categories as bigoted.