West Virginia v. B. P. J. · ¶174

Taken together, the Court in Caban and Lehr dealt with the sex classification’s overbreadth by allowing the State to use the classification when doing so actually furthered its interests (Lehr), but not when it did not (Caban). Similarly here, B. P. J. contends that even if the use of the sex classification substantially furthers the State’s interests when it prevents cisgender boys from playing on girls’ teams, it does not substantially further the State’s interests when it prevents transgender girls who have never experienced an endogenous puberty and who receive gender-affirming treatment from doing the same. As in Caban and Lehr, it matters if she is right.

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