I accept that not all people are cisgender, and that this is not due to any choice they have made. But it also seems true that those who decide to have sexual-reassignment surgery have made a choice, and that their sex has ceased to be immutable. Since their sex is no longer immutable, does this mean it does not deserve protection?
People are regularly discriminated upon in the workplace in terms of beauty and even height. It may not be conscious discrimination, but there’s no denying it has a disparate impact on those who are short v. tall, and conventionally attractive v. not. Should the 14th Amendment require that State employers control for discrimination on the basis of height or beauty? Shouldn’t this be a protected class?
I’m sorry, but it is not a violation of the First Amendment’s Establishment clause for voters and their representatives to enact laws that are merely consistent with their views of religious morality.