West Virginia v. B. P. J. · ¶91
In short, States are not required to conduct an individualby-individual comparison of the physical and athletic capabilities of all biological males in order to satisfy intermediate scrutiny. Intermediate scrutiny permits a sex-based classification that, as here, is “not invidious, but rather realistically reflects the fact that the sexes are not similarly situated in certain circumstances.” Michael M., 450 U. S., at 469 (plurality opinion).Read in context ›
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