The following excerpt is from Zarda v. Altitude Express, Inc., 883 F.3d 100 (2nd Cir. 2018):
18 To spell the point out: life expectancy, see Maj. Op. at 11617, citing L.A. Dep't of Water & Power v. Manhart , 435 U.S. 702, 98 S.Ct. 1370, 55 L.Ed.2d 657 (1978), may be quite literally a mathematical "function of sex," to the extent that with knowledge of a person's sex, one can calculate his or her life expectancy, which will differ from that of a member of the opposite sex. Whatever the majority means by its assertion that "sexual orientation is a function of sex," Maj. Op. at 119, it plainly does not mean anything like that.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.