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B.P.J., et al. v. West Virginia State Board of Education, et al.

Case Number: 
2:21-cv-00316

Memorandum Opinion and Order

West Virginia passed a law that defines “girl” and “woman,” for the purpose of secondary school sports, as biologically female. Under the law, all biological males, including those who identify as transgender girls, are ineligible for participation on girls’ sports teams. B.P.J., a transgender girl who wants to play girls’ sports, challenges the law. The question before the court is whether the legislature’s chosen definition of “girl” and “woman” in this context is constitutionally permissible. I find that it is.

Date: 
Thursday, January 5, 2023