West Virginia v. B. P. J. · ¶99

That argument, too, is unavailing. To begin, under this Court’s decision in Skrmetti, the laws do not classify based on gender identity or transgender status. 605 U. S., at 517. The laws classify on the basis of biological sex. By contrast, if a school had a co-ed sports team but prohibited all transgender individuals from participating on the team, that would be a distinct transgender classification and, unlike today’s cases, would presumably not be analyzed and justified as a classification based on biological sex.

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