Summary
Representative Sarah McBride, the first out trans congresswoman, criticized Donald Trump’s executive order defining gender as strictly male or female.
McBride points out that biologically all embryos develop as female until the SRY gene activates weeks after conception.
The order, which ties gender to reproductive cells at conception, unintentionally categorizes all humans as female from conception based on biological facts.
McBride’s remarks highlight scientific flaws in the policy.
You’re correct.
Although the technical wording isn’t exactly specifying organs, but rather the capacity of the organs to produce either the “large” or “small” reproductive cells (egg/sperm)
It defines “Sex” as someone’s “immutable biological classification as either male or female,” but the classification “Male” or “Female” then uses the term “belonging […] to the sex that-” which effectively means that sex is someone’s biological classification as either belonging to the sex that […], where sex is someone’s biological classification as either belonging to the sex that… and so on.
The definitions themselves genuinely repeat endlessly, but even with a charitable reading, assuming that, for instance, instead of “biological classification” it was “biological classification based on physical characteristics,” which is how the definitions of male/female seem to be worded, it still could possibly classify everyone as sexless, since nobody produces those cells at conception.