Bruna Frascolla
In Biden's America, one would answer without hesitation that women have penises, but you never know.
According to all scientific authorities in botany, a tomato is, without a shadow of a doubt, a fruit. However, in 1893, the United States Supreme Court handed down the decision Nix v. Heden, according to which a tomato, in the context of a tariff law, is not a fruit, but a vegetable. This is a curious choice of words, because the Supreme Court did not decide that the tomato, although a fruit, should be considered a vegetable in a given context; instead, it decided that the tomato is a fruit in law, because the law is made according to ordinary language, which is different from botany. It is very strange, this idea that the Supreme Court legislates on reality, but that is how it works in the most powerful country in the world, an heir to the English Common Law.
The case of tomato in the USA is similar to that of women in Great Britain. On April 16, 2025, in response to the interpretation of a law on gender equality, the Supreme Court of the United Kingdom ruled that women are those of the female sex, excluding from the concept "trans women" who hold female documents. Since then, British feminists and conservatives have celebrated the new definition. Thus, women in Great Britain no longer have penises.
This peculiar worldview, which gives the Supreme Court the right to decide not on the law but on reality, makes us wonder where else women have penises. In Biden's America, one would answer without hesitation that women have penises, but you never know. During the hearing in 2022, the (now) Associate Justice of the Supreme Court Ketanji Brown said that she did not know how to define what a woman is. Trump, on the other hand, as soon as he returned to the presidency, signed an Executive Order defining men and women according to biology and excluding gender ideology, defined as the ideology that uses subjective self-identification as a legitimate means of determining who is a man, a woman, or something else. Since the Biden administration took its pro-trans measures based on decisions by the Supreme Court (which is the true public authority in the United States), the Executive Order ascribed tasks to the General Attorney.
Therefore, unfortunately, it is not safe to determine that women in the United States do not have penises. After all, as we saw in the racial issue of DEI, the Supreme Court let affirmative action run wild for decades, amid legal ambiguities, until deciding that it is unconstitutional. Trump intends to be a strong president, but his measures are struck down by the judiciary. FDR was indeed a strong president, but in order to be so, he increased the number of Supreme Court justices so that he could appoint a lot and keep the strongest public authority in the country under his influence.
This strange way of looking at power and reality is the result of Protestant culture. In traditional Christianities of the West and East, authority has a face: the Pope, the Patriarch of Constantinople. Reformation Christianity, on the other hand, presented the idea - quite rabbinical, it must be said - that authority lies in the text, not in a person. And so, slyly, authority becomes the interpreter of the text, who, by acting as someone loyal to the text, does not assume that he is the responsible authority. The hypocrisy of this system of government is enormous, since everyone who lives in it counts how many justices a president has in his favor on the Supreme Court. If unelected people rule the country and, on top of that, impose very unpopular things, that should not be called democracy.
In Brazil, which unfortunately lives under heavy influence from the United States, women have had penises since 2023 (although I myself do not have one). Here, Protestantism has found a fertile field of syncretism, full of practices similar to Cuban Santería and Kardecist spiritualism. Thus, the Supreme Court justices are always talking about a so-called "spirit of the Constitution" that they interpret. After possessing the justice, such a spirit does not smoke cigars, drink cachaça, or write letters from the dead: instead, it goes around legislating. And since 2023, the spirit of the Constitution has decided that Brazilian laws against racism must also punish homophobia and transphobia. In 2018, the spirit of the Constitution had decided that no one needs to undergo surgery to change their "gender", since self-declaration is enough.
Someday this shall pass. In the meantime, only the spirit of anarchy saves Brazil, because to this day there is no news of rapists being transferred to women's prisons.