00:08You promise, under all laws, legal and binding, under penalty of perjury, that you will not interrupt me until I
00:13am finished.
00:14Save women's sports! Save women's sports! Save women's sports!
00:21Idaho's law classifies on the basis of sex, because sex is what matters in sports.
00:25It correlates strongly with countless athletic advantages, like size, muscle mass, bone mass, and heart and lung capacity.
00:34Tragically, but not surprisingly, male athletes have even injured female athletes in many sports.
00:40If women don't have their own competitions, they won't be able to compete.
00:44And I don't know how you can say sex classification is not being challenged.
00:50There's no question here that a male who identifies as a female, but it's a male, is being excluded from
00:57a female sport, correct?
00:59That's correct.
01:00All right. By its nature, that's a sex classification.
01:04And all sex classifications, we have said repeatedly in our case law, require intermediate scrutiny.
01:11There are an awful lot of female athletes who are strongly opposed to participation by trans athletes in competitions with
01:22them.
01:23What do you say about them?
01:27Are they bigots?
01:28Are they deluded in thinking that they are subjected to unfair competition?
01:34No, Your Honor. I would never call anyone that.
01:36On the preliminary record in this case, and as the experts below agreed, circulating testosterone after puberty is the main
01:44determinant of sex-based biological advantage that HB500 sought to address.
01:49And on this record, Lindsay Hecox has mitigated that advantage because she has suppressed her testosterone for over a year
01:55and taken estrogen.
01:57HB500 thus fails heightened scrutiny as applied to Lindsay and transgender women like her who have no sex-based biological
02:04advantage as compared to birth-sex females.
02:07And so it's going to come to this court, and we have to decide for the whole country, constitutionalize this.
02:16And I guess given that half the states are allowing it, allowing transgender girls and women to participate, about half
02:24are not,
02:26why would we at this point just the role of this court jump in and try to constitutionalize a rule
02:31for the whole country while there's still, as you say, uncertainty and debate?
02:36And the law, even if it's on the books, becomes meaningless.
02:40I am not.
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