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Justice Department files statements of interest in two transgender cases

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B.P.J. v. West Virginia State Board of Ed., in which an 11-year-old transgender girl is challenging a recently passed law that would prohibit her from joining her middle school girls’ cross-country team.

Instead, under the law, because she was assigned male at birth, she can only join the boys’ team. Her lawyers argue that the law discriminates against her, and other trans youth, based on their sex and gender identity, making it unconstitutional under both the Equal Protection Clause and Title IX, the federal law prohibiting sex-based discrimination.The second case is Brandt v.

Rutledge, a challenge to a recently passed Arkansas law that bars transgender youth from accessing gender-affirming treatments.

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