West Virginia v. B. P. J. · ¶135

Respondent B. P. J. is a transgender girl who wants to live her life consistent with her gender identity. When B. P. J. was 11 years old, she sought the opportunity to do what she and so many other children love to do: play sports. In order to do so, B. P. J. needed to turn to litigation because West Virginia has banned all transgender girls from playing in girls’ sports from middle school through college. According to the State, this ban serves the State’s important interests in ensuring safety and preventing unfair competitive advantages in girls’ sports. B. P. J., however, contends that neither of the State’s asserted justifications apply to transgender girls like her, who have never experienced an endogenous male puberty, who receive gender-affirming treatment, and who, as a result of both, B. P. J. says, lack any athletic advantage that is inherent to their sex identified at birth.

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