The recent Supreme Court oral arguments in United States v. Skrmetti offered a glimmer of hope: it seems likely the Court will uphold Tennessee's law safeguarding minors from sex-trait modification procedures. However, a critical question lingers: will the Supreme Court allow the demise of women's sports?

Justice Kavanaugh posed a crucial question to the Biden administration: "Do transgender athletes possess a constitutional right to participate in women's and girls' sports, despite the fairness and safety concerns raised by female athletes?"

The Biden administration's response signaled a significant departure from established legal precedent. They argued that access to sex-separated spaces, such as sports and bathrooms, constitutes facial sex classifications requiring heightened scrutiny. This deviates from the established understanding that differential treatment based on sex isn't discriminatory if it's equitable and acknowledges inherent biological differences. Even liberal Justice Ruth Bader Ginsburg recognized these enduring biological differences.

The Biden administration's position implies that the Constitution's equal protection clause prohibits women's sports and spaces unless women can defend them in court. This poses a significant burden. How many women's sports teams, particularly at the grassroots level, have the resources to pursue legal action? Requiring women to constantly litigate to protect their spaces would effectively dismantle women's sports, scholarships, and the confidence-building opportunities they provide. Furthermore, this logic extends beyond sports, threatening women's dorms, bathrooms, and prisons.

While the Supreme Court justices didn't explicitly address these concerns during oral arguments, the Biden administration's reasoning could jeopardize any policy acknowledging biological differences between sexes. This is a concerning prospect for women. If single-sex spaces are subject to constitutional scrutiny, women risk losing their right to spaces where they feel safe and comfortable.

While some may frame this as progress, it represents a regression, stripping women of their sex-based rights under the guise of gender ideology.