From a scientific perspective, there was nothing wrong with HHS’s definition. Biological sex refers to whether we are female or male, based on our anatomy and reproductive functions. The concept of sex is, by definition, binary...Don't like that science? Argue with the author:
Indeed, gender—whether we subjectively feel male or female—is biological, not a social construct. An extremely large and consistent body of scientific research has shown that gender is the result of prenatal hormone exposure, even in the case of intersex individuals, as opposed to adults and society imposing gendered norms on unsuspecting children from the moment they leave the womb...
We can, and should, advocate for the rights of intersex people and those who do not fit typical gender norms, while at the same time acknowledging these scientific truths.
Debra W. Soh holds a PhD in sexual neuroscience research from York University and writes about the science and politics of sex.