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Article

Abstract

This Recent Case Note analyzes the U.S. Supreme Court's decision in West Virginia v. B.P.J. (2026) in which the Court upheld state laws banning transgender women and girls from competing on women’s and girls’ sports teams. By holding that the state bans were justified by concerns with physical safety and fair competition, the Court rejected a claim that the bans violated the Equal Protection Clause and applied an arguably less demanding heightened scrutiny standard than its prior cases seemingly required. The Court deferred to the state legislatures on the contested questions of medical and sports science, applying a weakened “new form of heightened scrutiny” that appears to be a realignment of sex equality legal standards.

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