Is there any difference in gender based discrimination between non-transgender residents of long-term care facilities?

The Attorney General contends transgender and non-transgender residents are not similarly situated because transgender residents are more likely to be assigned a room inconsistent with their gender identity than are non-transgender residents. We have previously rejected a similar argument made in the context of gender-based classifications in funding for domestic violence programs, recognizing: "this analysis improperly views equal protection rights as group rights, rather than individual rights, and permits discrimination simply because fewer men than women are affected." ( Woods v. Horton, supra, 167 Cal.App.4th at p. 671, 84 Cal.Rptr.3d 332.) The question before us is not whether transgender residents of long-term care facilities are historically more likely to experience discrimination. Rather, the question is whether transgender and non-transgender residents are sufficiently similar for

[281 Cal.Rptr.3d 324]

purposes of application of the room assignment provision such that the classification is subject to scrutiny.