West Virginia v. B. P. J. · ¶167

As the majority further identifies, no one disputes that sorting based on sex identified at birth, as a means to achieve West Virginia’s asserted interests, will further those interests in most situations. See ante, at 17. That is because, as the majority explains and B. P. J. does not contest, there are inherent physical differences between males and females, as defined by sex identified at birth, making them differently situated generally when it comes to many sports. Ibid.; see Virginia, 518 U. S., at 533.

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