Interesting discussion. At what point does a transitioning person become the other sex, if at all? And do they have the same rights as a person born into that sex? Basically an equal protection argument. ACLU argues heightened scrutiny s/b applied.
The ACLU seems to concede that just thinking you are the other gender doesn’t do the trick. So, wonder if this then swings the other way from their perspective to gain protection under ADA, but then you have to concede it is some form of disability.
Link: SC Case