Josh Hawley Questions Judge Noël Wise on Gender, Biological Sex, and Title IX

Judicial Nominee's Past Writings

• 💡 Senator Josh Hawley questioned Judge Noël Wise about her 2017 article where she described gender as an "intricate continuum" rather than two "tidy boxes."
• 📌 Hawley highlighted that Wise wrote this article while she was a sitting judge, raising concerns about her judicial temperament and the appropriateness of publishing opinion pieces.
• 💬 Judge Wise denied that her article suggested there is no clear-cut distinction between male and female as biological categories.

Interpretation of Biological Sex Laws

• ⚖️ Hawley asserted that Wise's article implies laws based on biological sex distinctions (e.g., in bathrooms, locker rooms, or Title IX for sports) are impermissible or unconstitutional.
• ⚠️ He specifically cited Wise's writing that it's "impossible for judges to consistently apply a law that permits or prohibits conduct based on whether someone is a man or a woman."
• 🎯 Hawley argued that if Title IX protects women's sports for biological women, Wise's view would render it unconstitutional.
• 🚫 Judge Wise maintained that her article did not take the position that such laws are impermissible or that biological men must be permitted into girls' locker rooms.

Separation of Church and State Argument

• ⛪ Hawley pressed Wise on her article's statement that when legislators "blur the lines of church and state" to enact laws based on biological gender, they place an "impossible burden on the judiciary."
• ⚡ He interpreted this as Wise claiming that distinctions between male and female constitute a First Amendment violation or a violation of the separation of church and state.
• 🗣️ Hawley called these positions "insane" and a "direct assault on objective reality," expressing strong opposition to her nomination.

Recusal Demand

• 🚨 Senator Hawley demanded to know if Judge Wise would recuse herself from all cases involving Title IX, biological sex, locker rooms, girls' sports, and bathroom bills if confirmed.
• 🚫 He stated that her public pronouncements mean she has prejudged these issues, making recusal necessary to avoid violating the code of judicial conduct.
• 💬 Judge Wise reiterated that she did not take the positions Hawley attributed to her in the article.