With this view, once a court recognizes biological sex difference, the court has no reason to scrutinize state action for sex-role stereotyping. (The first appearance of the term came in 2016, when conservative lawmakers proposed amending the statute to define sex as meaning biological sex.) Second, it invoked biological sex to justify deferring to laws that define trans people based on their sex assigned at birth. The court seemed unwilling to consider the possibility that laws enforcing biological sex differences could be used to enforce gender roles or stereotypes. Biological sex also has a distinctive legal meaning, as we show in a forthcoming article.