Your initial post said that congress defined sex, but in reality it has not. more over how exactly are you defining sex based on their genitals? So what happens when a person’s internal sex organs doesn’t match their external ones? i’m not talking mentally i’m speaking about who externally appears female and has a complete vulva but internally has male organs such as testicles and a prostate? What about those who are literally not genetically male XY or female XX? Lets also not forget ambiguous genitalia or those born with BOTH genitalia. It amazing how you actually tried to argue using science that you clearly do not understand. If you want to start labeling based on genetics or genitalia you’re going to need far more labels than just male & female using either method.
It is a federal agency’s duty to figure out how they will execute the laws that congress has tasked them to regulate. They are in existence by congressional decree and congress pass the laws they are to regulate. how they do that is up to them and the president. if they do it wrong it’s up to either congress to pass a law that modifies the law existing law ie to define sex, or for the courts to define the meaning of the existing laws. Since congress has not defined sex it is upto the executive and judicial brances to decide. The supreme court has not yet ruled on this for the entire country so it is up to the appellate court to decide if the manner in which the president and the federal agency have implemented these law are correct. The 4th appellate court has weighed in on the issue and agreed with the department of education’s stance on the issue. So for the states under the 4th appellate court the definition of sex has been defined to include gender identity. That my friend is not only fact it is the actual current law.
But hey just because it was done that way in the past is not a justification. at one time black people were considered 3/5 human, women were property, and gay people weren’t allowed to marry. All of these were shown to be ideas pushed by the majority to suppress the helpless. Of course it’s been done that way for a long time those in power have long tried to keep those who are different powerless. This is just another example of that.