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They would have to argue that sex and gender are not the same thing in court, under oath. It’s been a longstanding argument for the GOP that they are the same. And if they argue biological sex and gender are not 1:1, then they’re acknowledging that a different gender identity than one’s birth sex is possible, and setting that precedent immediately takes the wind out of a lot of their arguments on transgender folk.
They’ll be happy to say one thing in public and argue another in court. For example, when Fox News argued that a reasonable person is not expected to believe anything Tucker Carlson is saying.
They would have to argue that sex and gender are not the same thing in court, under oath. It’s been a longstanding argument for the GOP that they are the same. And if they argue biological sex and gender are not 1:1, then they’re acknowledging that a different gender identity than one’s birth sex is possible, and setting that precedent immediately takes the wind out of a lot of their arguments on transgender folk.
They’ll be happy to say one thing in public and argue another in court. For example, when Fox News argued that a reasonable person is not expected to believe anything Tucker Carlson is saying.