West Virginia v. B. P. J. · ¶83

Once again, the plaintiffs agree with the States that, consistent with the Equal Protection Clause, the States may prohibit most biological males from women’s and girls’ teams. The plaintiffs’ equal protection argument is narrower. They contend that safety and competitive fairness, while sufficient reasons to exclude most biological males, do not justify excluding a relatively small subclass of biological males—namely, those biological males who identify as female and have taken puberty blockers or hormones.

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