The Dread Slender Gnome on Nostr: I think by saying that the concept of "sex" is not a biological one, he is in fact ...

I think by saying that the concept of "sex" is not a biological one, he is in fact saying that Grover's belief of Tickle being male, is irrelevant. He was stating that in law, "sex" means something that is not tied to biology, and therefore when considering whether one is allowed to discriminate based on "sex", one can only take into account that non-biological definition. If this is where you start, Grover's argument becomes almost a non-starter.

His comments are consistent IF, and only if, you adopt the premise that "sex" is in fact not a matter of biology. And he clearly (in my opinion) did adopt that premise, and didn't even consider in his opinion that one might reasonably treat "sex" as a biological concept.

And THAT is the problem. That "sex" is treated in law as something other than it actually is, and that allows for all kinds of insane, yet consistent, outcomes.