@thatbrickster @teto @f0x It can be decided on a case-by-case basis by a judge and/or jury. Laws can't always be crystal clear because reality is messy.

Interestingly enough, this line of thought is similar to: "There is no absolutely clear line between what makes a person female or male, therefore the distinction is arbitrary and we should not have any policies that depend on making the distinction." Which as you know I also disagree with.

(Examples of the blurriness between female and male in humans: XY CAIS individuals like Eden Atwood who are born with unambiguously female external anatomy despite internal testes; individuals with Swyer syndrome who have XY chromosomes but can go through a successful pregnancy after embryonic transplant because they sometimes have a functional uterus.)