Image Credit: X.com/@EricLDaugh 
A viral moment unfolded during U.S. Supreme Court proceedings Tuesday weighing transgender sports bans, when a lawyer for a trans athlete couldn’t provide a definition for man or woman to Justice Samuel Alito.
During oral arguments in Little v. Hecox on an Idaho law banning transgenders from competing in girls’ sports, Justice Alito asked trans athlete Lindsay Hecox’s lawyer Kathleen R. Hartnett to establish the definitions of “boy or a girl or a man or a woman” for equal protection purposes.
“Sorry, I misunderstood your question. I think the underlying enactment, whatever it was, the policy, the law, we’d have to have an understanding of how the state or the government was understanding that term to figure out whether someone was excluded,” Hartnett replied, adding, “We do not have a definition for the court. We’re not disputing the definition here.”
🚨 HOLY SMOKES. SCOTUS Justice Sam Alito asks ACLU lawyer "what is a man and a woman?" and they DON'T HAVE A DEFINITION.
— Eric Daugherty (@EricLDaugh) January 13, 2026
Alito's response is perfect.
ALITO: What does it mean to be a man or woman?
ACLU: We do not have a definition for the Court.
ALITO: How can a court… pic.twitter.com/E5C9zX35NN
“What we’re saying is the way it implies in practice is to exclude birth-sex males categorically from women’s teams and there is a subset of those birth-sex males where it doesn’t make sense to do so according to the state’s own interest.”
Alito shot back, “How can a court determine whether there’s discrimination on the basis of sex without knowing what sex means for equal protection purposes?“
Analysts for the Alliance Defending Freedom legal group likened the moment to the time Justice Ketanji Brown Jackson couldn’t define the word “woman” during her SCOTUS confirmation hearing.
Justice Alito asks "What is a woman".@ACLU has no answer.
— Alliance Defending Freedom (@ADFLegal) January 13, 2026
Dave Cortman is not impressed. pic.twitter.com/LBgvGDnklU
Following a three-and-a-half-hour hearing on State of West Virginia v. B.P.J. and the Idaho case, SCOTUS appeared poised to uphold the transgender sports bans in both states, SCOTUSblog.com reported.
Hear the oral arguments on Little v. Hecox below:
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