These woke word games are irrelevant. The law prohibits discrimination “on the basis of sex”. Sex is binary and determining the sex of plaintiffs is not messy. There are a million ways Jackson could have answered the question based on laws she has applied many times. She was being unnecessarily cutesy by half. Totally unbecoming of a judge who wants to be a justice. Justice Gorsuch said all we need to know about this in Bostock. I suggest you and Jackson study that.I didn't say defining sex is messy business. I said defining gender is. And gender is assigned at birth. The doctor and parents decide what gender a baby is and type it up on the birth certificate.
That said, defining sex might be messy, too, for some of the reasons I already mentioned.