ALITO: Let’s say we have a school that has a boys’ track team and girls’ track team. And a student who has the genes and the reproductive system of a male and had those at birth…Has never haken puberty blockers or hormones; never had (gender reassignment) surgeries, says ‘nevertheless, I am a woman. That’s who I am.’

Can the school say, ‘No, you can’t participate?

HARTNETT: Yes, they can.

ALITO: Is that person not a woman in your understanding? The person says, ‘I sincerely believe I am a woman, I am in fact a woman.’

Is that person not a woman?

HARTNETT: I, I, would respect their self-identity in addressing this person, but in terms of statute, does that person have a sex-based biological advantage that’s going to be unfair for that person to be part of the women’s team? That’s the rationale for the regulation, and that’s the way we would be testing that…

ALITO: The reason I’m asking has to do with discrimination on the basis of transgender status. You seem to be saying that it is permissible for the school to discriminate on the basis of transgender status.

If this person is a trans girl and is barred from the girls’ team, then that person is being subjected to differential treatment based on transgender status, right?