Immutability

Definition

In equal protection analysis, one factor courts consider when deciding whether a classification deserves heightened judicial protection is whether the characteristic in question is immutable — meaning it is unchangeable or so fundamental to identity that a person should not be required to change it.

Examples

• •Justice Alito questioned whether transgender status is immutable, noting that some individuals identify differently at different times, while Mr. Strangio argued that the discordance between birth sex and gender identity has a strong biological basis and satisfies the immutability requirement.

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