The problem with legislating things like gender identity and sexual orientation is that nature is far more complex than the brains of most politicians.
Or Judges. CF the Ohio? Texas? decision that anybody with XX was female forever and XY was male forever. This in spite of expert witnesses pointing out things like AIS, and other intersex conditions. And the fact that XX & XY aren't the only possibilities.
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http://bigclosetr.us/topshelf/book/39481/just-normal-girl