West Virginia v. B. P. J. · ¶143

This ban replaced a policy of case-by-case assessment that had been in place since 2016. Back then, sports were also sex-separated, as they had been for decades, but transgender students could participate on teams matching their gender identity if their schools “determined that ‘fair competition’ would not be impacted by the student[s’] participation.” 98 F. 4th, at 551. An opposing school could contest a student’s participation by appealing the determination to the West Virginia Secondary Schools Athletic Commission’s board of directors. The board would then assess whether allowing the student to play “‘would adversely affect competitive equity or [the] safety of teammates or opposing players,’” considering the student’s “‘age,’” “‘athletic experience,’” “‘strength, size, and speed,’” as well as “‘the nature of the sport’” and “‘the degree to which fair competition among high school…

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