The suit alleges the following:
For those that need a refresher, Culpepper was born a male and uses male pronouns, although he identifies as gender-nonconforming, and wears makeup and gender-neutral clothing on a daily basis, making the DMV's request that he remove his makeup a discriminatory act.
Defendants impermissibly discriminated against Culpepper based on his sex and their sex stereotypes. They unconstitutionally restrained Culpepper's freedom of expression and compelled and continue to compel him to convey an ideological message of their design. And they deprived Culpepper of his constitutionally protected liberty interest in his personal appearance. Moreover, Defendants' policy is unconstitutionally vague and overbroad, enabling SCDMV personnel to make arbitrary and capricious decisions based on their perception of how a particular individual should look as male or female.
"My clothing and makeup reflect who I am," Culpepper said in a statement released by TLDEF. "The Department of Motor Vehicles should not have forced me to remove my makeup simply because my appearance does not match what they think a boy should look like. I just want the freedom to be who I am without the DMV telling me that I'm somehow not good enough."
TLDEF's press release makes no mention of monetary damages, and if that's the case, Culpepper doesn't seem to be asking for much with the suit. The 16-year-old just wants to retake his license photo as "himself."