West Virginia v. B. P. J. · ¶144

The ban eliminated this individualized approach in favor of categorical exclusion. Now, every competitive, intramural, and club sport offered at the middle-school through college level must be “expressly designated as” either male, female, or coed, as determined by “biological sex.” §18–2– 25d(c)(1); see also §18–2–25d(b)(1) (defining “‘biological sex’” as an “individual’s physical form as a male or female based solely on the individual’s reproductive biology and genetics at birth”). Teams “designated” for “females” “shall not be open to students of the male sex where selection for such teams is based upon competitive skill or the activity involved is a contact sport.” §18–2–25d(c)(2). Teams “designated” for “males” do not have the same restriction.

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