During NBC News’ special coverage, host Craig Melvin gave a “quick note” that the network was using the “terms from the decision itself, biological male, biological female” while discussing the Supreme Court ruling in favor of state bans on transgender athletes competing in women’s and girls’ sports.
Partial transcipt as follows:
KELLY O’DONNELL: We’ve not heard from the White House yet, but I can certainly tell you that if you just contemplate how the President talks about this issue, he will consider this a very significant win, and will largely take some credit for bringing this to the cultural forefront of talking about the risk, as he views it, of transgender athletes participating with those who are biologically female. And while Laura talks about the broadness of this, it is also notable that it is narrow in the sense of the numbers of transgender athletes who are seeking to compete, that — that is a very small pool in many ways. So, when the Court was discussing this, they talked about things like not knowing what the advantages might be for a biological male who is identifying as a transgender female participating, not knowing some of those implications. And so, when the Court looked at this under the 14th Amendment, which does provide equal protection under the law, they didn’t see this as a violation because we’re talking about a very narrow area of the athletic participation, which is, in some ways, different than when Laura described how in employment law, that’s a different setting, and how it’s a different environment in which they’re judging it. And Title IX having to do with all the educational laws, and that there is a requirement in the law that there not be sex discrimination. Here, what they’re saying is that having biological definitions for whom participates is within the Constitution. So, for the President, this will clearly be a case that he will cite as a victory. He has talked about it as a cultural issue. It’s been a big part of his discussion on the campaign trail. He often sort of boils it down into bumper sticker language, talking about transgender athletes, and that that’s universally bad. That’s his interpretation of it. It’s obviously much more complex. It’s an area of American life where there are very deeply personal issues, especially when it’s involving minors, religious implication, all kinds of things that make those cultural issues such hot buttons when it comes to how they interface with politics and with moments like this when the Court is rendering a very significant decision that we’ll have far-reaching implications across the states, even if the numbers involved of specifically individual students who would bring cases like this or would participate, those numbers may be small. But this is a sweeping decision that will certainly change how the country views the participation of biological men and women in various sports. So, a big claimed victory to be sure from the White House on this issue. However, we know this day is also expecting to bring a decision on birthright citizenship, another key issue for the President on immigration. That, based on what we have experienced with the oral arguments, suggests that perhaps it may go differently, we will wait for the judgment of the Court, but it might be a mixed bag for the White House here today, Craig.
MELVIN: Yes. All eyes, for sure, Kelly O, waiting on the birthright citizenship question. Kelly O, do stand by for me for just a moment and again, if we get a statement from the White House pass along. Just a quick note here. The terms that we’re using here during our reporting, biological male, biological female, the high court put those terms in quotations in their decision and their dissent. But just so you know, we’re using those terms from the decision itself, biological male, biological female. I know you’ve had some time, Laura Jarrett, to go through the actual ruling here. What can you tell us about the dissent We heard from the majority a few moments ago. What are they saying in the dissent — those three justices?
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