West Virginia v. B. P. J. · ¶166

Before this Court, West Virginia argues that its sex classification substantially furthers its important interests in ensuring competitive fairness and safety in girls’ and women’s sports. As the State conceded below, however, it has no interest “in protecting one girl’s ranking in any competition or ‘in ensuring that cisgender girls do not lose ever to transgender girls.’” 98 F. 4th, at 560. Rather, the focus is on when the participation of transgender girls is actually unfair or unsafe for others. Ibid. Understood in that way, B. P. J. does not dispute the importance of either interest here.

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