From today's decision by Judge Joseph Goodwin (S.D. W. Va.) in B.P.J. v. W. Va. State Bd. of Ed.:
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.
The court applied intermediate scrutiny (since, whatever one's views of transgender rights questions, the law classifies people by sex, and sex classifications have generally been held to require such scrutiny). It reasoned, among other things:
