West Virginia v. B. P. J. · ¶153

Meanwhile, B. P. J.’s case proceeded to discovery. Because of the medical treatment that B. P. J. has received, she has never experienced a traditional male puberty and so has never experienced elevated levels of circulating testosterone. B. P. J. contends that, as a result, she does not have an inherent athletic advantage due to her sex identified at birth and, accordingly, that her participation in girls’ sports does not threaten competitive fairness or safety, which are the two grounds the State has relied on to justify excluding transgender girls like B. P. J. from girls’ teams. Both sides submitted expert testimony disputing this factual question. After discovery closed, B. P. J. and the State each moved for summary judgment and to exclude the other side’s expert.

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