Everything in life isn't a philosophical debate.
Reality is we are so afraid of being branded transphobic that we open ourselves up to abuse by those who would exploit the system for their own gain. So we get trans women who go out for women's track and win all the varsity slots because they are faster than those born in women's bodies. And we get trollish pedophiles like the asshole in these news reports who wants to peep at little girls and make women handle his/her balls.
Christ I can't even say, if my aunt had balls she would be my uncle anymore.
Everything in life isn't a philosophical debate. Aesthetics and Ethics are assigning value and saying this should happen is philosophy Mookie 
But yeah Oliver Wendell Holmes Jr. and Northern Securities Co. v. United States (1904). Yes I am being cryptic but it works better if you look up that famous legal idiom 
and understand the context that Holmes was making when he made it for it works both ways.
