this post was submitted on 07 Aug 2023
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Both "biological sex" and "legal gender" are considerably more nebulous than you're assuming.
Let's say you define "biological sex" by genotype, seems unambiguous enough, right? It's a pretty good bet someone is 46,XX or 46,XY based on sex assigned at birth, but generally people don't actually know for sure.
Likewise, in many jurisdictions, you don't have a legal gender, you have a collection of gender markers. Ironically, trans people are often the only people who actually have an explicit declaration of their gender by a court or other legal mechanism. For cis people, the fact that it's a fractured mess generally doesn't matter.