"As is so often the case, science cannot settle what are really social questions," she said. law remains an unsettled arena for the conceptualization and definition of sex, it frequently grounds sex categorization in biological evidence and reasoning.īut like Jordan-Young, Richardson emphasized that biology does not offer a simple or singular answer to the question of what defines a woman. Sarah Richardson, a Harvard scholar, historian and philosopher of biology who focuses on the sciences of sex and gender and their policy dimensions, said Jackson's answer accurately reflects legal practice. None of the six is strictly dichotomous, Jordan-Young said, and the different markers don’t always align. There are at least six different biological markers of “sex” in the body: genitals, chromosomes, gonads, internal reproductive structures, hormone ratios and secondary sex characteristics. There's not even a singular biological answer to the question of 'what is a female,'" Jordan-Young said.
"There isn't one single 'biological' answer to the definition of a woman. While traditional notions of sex and gender suggest a simple binary – if you are born with a penis, you are male and identify as a man and if you are born with a vagina, you are female and identify as a woman – the reality, gender experts say, is more complex. I think that's a pretty good answer for a judge." 'There isn't one single 'biological' answer to the definition of a woman'īlackburn tweeted after the exchange that "this is a simple question," and called Jackson's response "a major red flag."īut Jordan-Young said she sees Jackson's answer, particularly the second half, reflecting the necessity of nuance. If there's a dispute about a definition, people make arguments, and I look at the law, and I decide.' In other words, she said context matters – which is true in both biology and society. She said 'as a judge, what I do is I address disputes.
"The rest of her answer was more interesting and important. "I don't want to see this question punted to biology as if science can offer a simple, definitive answer," said Rebecca Jordan-Young, a scientist and gender studies scholar at Barnard College whose work explores the relationships between science and the social hierarchies of gender and sexuality. Scientists agree there is no sufficient way to clearly define what makes someone a woman, and with billions of women on the planet, there is much variation. It's useful, they say, that Jackson suggested science could help answer Blackburn's question, but they note that a competent biologist would not be able to offer a definitive answer either. Scientists, gender law scholars and philosophers of biology said Jackson's response was commendable, though perhaps misleading. Ketanji Brown Jackson: Comments on motherhood, her husband's tears and what they mean for a historic moment Report: 2022 could be most anti-trans legislative years in history If Jackson is confirmed, it's inevitable she will preside over cases involving trans rights. The exchange reflects the current state of gender politics in the U.S., as transgender swimmer Lia Thomas' recent NCAA win sparked a fierce debate over trans athletes, as a flurry of bills have sought to ban gender-affirming health care for trans youth, and as other bills have banned trans girls from participating in K-12 girls' sports. Senators on both sides of the aisle have used Jackson's confirmation hearing to air issues that have less to do with Jackson's qualifications and more to do with their respective parties. Jackson, appearing confused, responded, "I’m not a biologist.”īlackburn chided Jackson, claiming that "the fact that you can’t give me a straight answer about something as fundamental as what a woman is underscores the dangers of the kind of progressive education that we are hearing about." Marsha Blackburn, R-Tenn., asked the Supreme Court nominee: “Can you provide a definition for the word ‘woman’?” In the 13th hour of Judge Ketanji Brown Jackson's confirmation hearing Tuesday, Sen. Blackburn asks Supreme Court nominee to define 'woman'
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