West Virginia v. B. P. J. · ¶136

In the five years since the ban has been in place, B. P. J. is the only transgender girl publicly identified in the State who has sought to play sports with other girls. Today the Court holds that neither Title IX nor the Equal Protection Clause protects B. P. J.’s ability to do so. I agree that B. P. J.’s Title IX claim fails, although on a narrower basis than that on which the majority relies. As for B. P. J.’s equal protection claim, however, the majority, at this stage of the litigation, gets the answer wrong.

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