West Virginia v. B. P. J. · ¶94

The plaintiffs’ as-applied argument is in essence a backdoor argument for strict scrutiny, which requires a much tighter relationship between the State’s classification and the State’s asserted interests. But strict scrutiny does not apply to sex-based classifications, as the plaintiffs acknowledge. And strict scrutiny would be particularly out of place in this sports case, where sex-based classifications are permitted and the only question is whether the States may limit women’s and girls’ sports to biological females.

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