Merrick Garland took questions in the Senate today in support of his nomination by President Joe Biden for US Attorney General. Senator John Kennedy (R-LA) asked Garland his views on Biden's EO concerning the allowance of participation of biological males in women's athletic competition.
Using his last twenty seconds, Kennedy asked Garland if he agreed with this statement: "'Allowing,' and I'm not suggesting one way or another I just want to know what you believe, 'allowing biological males to compete in an all-female sport deprives women of the opportunity to participate fully and fairly in sports and is fundamentally unfair to female athletes."
"This is a very difficult societal question you're asking here, and I know what underlies it—"
"Well, but you're going to be Attorney General," Kennedy insisted.
"Well," Garland ventured, "But the I may not be the one who has to make policy decisions like that, but not that I'm averse to it. Look. I think every human being should be treated with dignity and respect. And that's overriding sense of my own character, but an overriding sense of what the law requires.
"The particular question of how Title IX applies in schools is one, and in light of the Bostock case, and I know you're very familiar with, is something I would have to look at when I have a chance to do that. I've not had a chance to consider these kinds of issues in my career so far.
"But I agree that this is a difficult question," Garland concluded.
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