If they photograph him like the pic above, surely they will identify him as MALE for gender.
“The agency wouldn’t let Culpepper wear makeup for the photo because of a policy that bans license pictures when someone is purposefully altering his or her appearance.”
Unless the state wants to force all women to remove makeup prior to having their license photo taken, the state will lose in court.
It would be easier for the state to make the case that people with severe mental disorders cannot have a driver license, and the fact that Chase is transgendered proves that he has a mental disorder.