In real life, and throughout our history, it has happened frequently in real courts.
There was a time when a black plaintiff or defendant knew he would lose.
When 19th century women brought lawsuits arguing that they were "people" under the 14th Amendment . . .
1/
When Susan B. Anthony was put on trial for voting (it was illegal for women to vote) the judge would not let her speak in her own defense because as a woman she was considered "incompetent" to testify (like a child).
2/
It's the same enemy.
Susan B. Anthony, Martin Luther King, Jr., Thurgood Marshall, and all the other liberal heroes were up against the same forces.
3/
We push forward. The reactionaries push back.
Right now they are pushing back hard, because they are a rapidly shrinking part of the electorate.
When they lose this time, it will be harder for them to bounce back.
A lot of women pushed back against Susan B. Anthony.
Phyllis Schlafly probably gets credit for killing the ERA.
Some people prefer hierarchy because it's ordered.
Patriarchy is a hierarchy.