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West Virginia v. B. P. J. · ¶4

cuit. In 2020, Idaho enacted the Fairness in Women’s Sports Act, which prohibits male students from participating on female teams. Idaho Code Ann. §33–6203. The Idaho law states that sex is determined by biology. Ibid. And the law declares that “separate sex-specific teams furthers efforts to promote sex equality . . . by providing opportunities for female athletes.” §33–6202(12). It also recognizes the physical differences between biological males and biological females. §§33– 6202(1)–(5), (7), (8), (10)–(12). The law further found that the benefit “that natural testosterone provides to male athletes is not diminished through the use of puberty blockers and cross-sex hormones.” §33– 6202(11). Respondent Hecox, who identifies as female, is a biological male as defined by §33–6203. Hecox competed for the women’s club soccer team, and tried out for the women’s Division I track and cross-…
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