West Virginia v. B. P. J. · ¶100

That said, even if the laws made a transgender or gender- identity classification, this Court “has not previously held” that intermediate or other heightened scrutiny applies to a transgender or gender-identity classification. Ibid. Several Members of this Court, moreover, have concluded that classifications based on transgender status or gender identity should receive only deferential rational basis review and not intermediate or other heightened scrutiny. See id., at 550–553 (BARRETT, J., joined by THOMAS, J., concurring); id., at 566 (ALITO, J., concurring in part and concurring in judgment).

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