West Virginia’s new law banning transgender athletes from participating in girls or women’s sports is unconstitutional, the Department of Justice said in a statement of interest filed in a federal court in the state.
The law, H.B. 3293, violates the equal protection clause and Title IX, which protects equal athletic opportunities for all students, because it discriminates based on sex and transgender status, the government told the U.S. District Court for the Southern District of West Virginia.
“Discriminatory treatment against transgender people is subject to heightened scrutiny because it constitutes both discrimination based on sex and discrimination against a quasi-suspect ...
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