West Virginia v. B. P. J. · ¶85

First, the plaintiffs argue that the States have not established a substantial relationship between (i) the States’ interests in safety and competitive fairness and (ii) limiting women’s and girls’ sports to biological females. They say that the States’ interests in safety and competitive fairness do not justify excluding all biological males— including those who identify as female and have taken puberty blockers or hormones—from participation in women’s and girls’ sports.

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