Why conservatives think trans issues won't share the same trajectory as same-sex marriage


The second biggest bombshell of Judge Ketanji Brown Jackson's confirmation hearings — assuming Sen. Josh Hawley's (R-Mo.) was the first — was her statement that she was not qualified to define "woman" because she is not a biologist. Her response seemed incongruous for a nominee selected and celebrated in part because she is the first Black woman with an opportunity to sit on the Supreme Court. Conservatives, in today's lingo, pounced.
It's not just a Beltway controversy but the cutting-edge social issue of our time. Republican governors are divided over so-called transgender sports bills requiring athletes to play on teams that correspond to their biologically-assigned sex at birth, with some vetoing them while others champion such legislation. The contours of the debate are similar to the earlier one over gay rights. One side argues that the basic rules and assumptions of society should not be rewritten because of a small minority; the other side maintains that ignorance and cruelty are causing harm to people because of who they are, in ways society should remedy.
Liberals hope this debate will also follow the same trajectory. Same-sex marriage was almost unthinkable in 1996, when Gallup found only 27 percent of Americans supported it and a large majority of Democrats voted to ban it via the Defense of Marriage Act (including the current president). Now, outside of some significant religious subcultures, gay marriage is conventional wisdom.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Conservatives think this time will be different. Now when activists ask "Who does this hurt?," up to half the population may feel the answer is "Me." The transgender sports bills are premised on the idea that competing with biological males disadvantages girls. Others say that the broader argument over woke language about "birthing people," "menstruating people," "gestators," and "chest feeders" is that it dehumanizes cisgender women. Some who had no problem with the first three letters of "LGBT" are stumbling over the fourth, at least when the logic is taken this far.
A version of this argument upended the Equal Rights Amendment when conservative activist Phyllis Schlafly contended its underlying ideology would actually be detrimental to women. Other working moms are following in Schlafly's footsteps, and the latest controversies touch on the sexualization of children. But the future is murky. Culture wars begin when you will, but they do not end when you please.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
W. James Antle III is the politics editor of the Washington Examiner, the former editor of The American Conservative, and author of Devouring Freedom: Can Big Government Ever Be Stopped?.
-
June 29 editorial cartoons
Cartoons Sunday's political cartoons include the AI genie, Iran saving face, and bad language bombs
-
A tall ship adventure in the Mediterranean
The Week Recommends Sailing aboard this schooner and exploring Portugal, Spain and Monaco is a 'magical' experience
-
How drone warfare works
The Explainer From Ukraine to Iran, it has become clear that unmanned aircraft are rapidly revolutionising modern warfare
-
How Zohran Mamdani's NYC mayoral run will change the Democratic Party
Talking Points The candidate poses a challenge to the party's 'dinosaur wing'
-
Is Trump's military parade 'just a parade'?
Talking Point Critics see an 'echo of authoritarianism'
-
Is Trump's LA troop deployment about order or authoritarianism?
Talking Points President: 'We're going to have troops everywhere.'
-
Musk: What did he achieve in Washington?
Feature Elon Musk leaves his government job but not after bruising his image, slashing aid and firing thousands
-
GOP megabill would limit judicial oversight of Trump
speed read The domestic policy bill Republicans pushed through the House would protect the Trump administration from the consequences of violating court orders
-
Medicaid: Will millions lose coverage?
Feature House Republicans have proposed a plan to cut Medicaid coverage for millions to help fund the GOP's tax cuts
-
A running list of Trump's conflicts of interest
In Depth A potential Qatari plane is the latest in a series of problematic connections
-
Is Trump trying to take over Congress?
Talking Points Separation of powers at stake in Library of Congress fight