Isn't this just conceptually kicking the can? The definition of a group isn't 'belonging to the group' you would still have to explain what defines that group? Obviously it can't be 'producing the x reproductive cell' since that status is not innate or immutable. They're clearly even aware of this, it's funny that this is the best they've got.
Also isn't this legally creating people who have no sex or people who technically are multiple sexes?
They're not sending their best, folks.
All politics is sexual pathology etc.