West Virginia v. B. P. J. · ¶154

The District Court granted the State’s motion for summary judgment on B. P. J.’s equal protection and Title IX claims without resolving the factual dispute over whether B. P. J.’s participation in girls’ sports would compromise the State’s interests in competitive fairness or safety. See 649 F. Supp. 3d, at 231 (noting, but not resolving, this “debate”). Instead, the District Court concluded that the law satisfies heightened scrutiny because it is “substantially related” to the State’s interests generally, regardless of whether the State’s interests are furthered with respect to B. P. J. specifically or to transgender girls situated similarly to her. Ibid. It then dissolved the injunction allowing B. P. J. to play sports.

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