USCA11 Case: 18-13592 Document: 304-1 Date Filed: 12/30/2022 Page: 126 of 150
“ability to function in society.” Doc. 166-2 at 13. Dr. Ehrensaft testified similarly that transgender individuals “have the same capacity for happiness, achievement, and contribution to society as others.” See Doc. 166-3 ¶ 32. Transgender individuals “live in every state, serve in our military, and raise children.” Medical, Mental Health, and Other Health Care Organizations Amicus Br. at 5. “Being transgender … implies no impairment in judgment, stability, reliability, or general social or vocational capabilities[.]” Doc. 115-10 at 2. The Fourth Circuit likewise concluded that one’s status as transgender bears “no such relation” to one’s “ability to perform or contribute to society.” Grimm, 972 F.3d at 612 (internal quotation marks omitted). The second factor, too, points to the conclusion that transgender individuals constitute a quasi-suspect class.
Now to the third factor—whether there are “obvious, immutable, or distinguishing characteristics” that define the class as a discrete group. Here again, the record contains unrebutted expert testimony from Dr. Atkins that, for transgender individuals, gender identity is not “a choice” and that it is not “voluntary.” Doc. 166-2 at 12–13. Dr. Ehrensaft similarly testified that gender identity is an “innate,” effectively “immutable” characteristic for transgender individuals. See Doc. 166-3 ¶ 26. The School District does not challenge any of the evidence establishing that one’s status as a transgender person is born of immutable characteristics. The third factor thus weighs in favor of concluding that transgender individuals are a quasi-suspect class. See also Grimm, 972 F.3d at 612–13
