Lots of sites, including three scientific societies, have rejected the new Health and Human Services guidelines that provide a classification of a person’s sex into two categories. But these sites, and now an article in the prestigious journal Nature (click on screenshot below), conflate “sex”—which I take as biological sex recognized in humans by chromosomal constitution, which gametes you produce, and secondary sex characteristics—with “gender”, which I take as “the sex that an individual identifies with, whether or not it corresponds to their biological sex”. In this construal, which seems to make biological sense, a transgender woman would be a biological male but their gender would be female. There are also genders that aren’t “male” or “female”, as I note below.
Now the editorials that have appeared in scientific journals are well-meaning: their intent is to prevent intersexes and transgender individuals (the former much rarer than the latter) from discrimination. But that can be done without conflating sex and gender. For some purposes, like sports, recognizing an individual as either “male” or “female” (or “intersex”) is not only useful, but necessary.
As far as I can see, the Trump administration’s proposal, which may indeed be motivated by a desire to discriminate against intersexes or “non-binary” genders, is a definition not of gender but sex, at least as reported by the New York Times:
“Sex means a person’s status as male or female based on immutable biological traits identifiable by or before birth,” the department proposed in the memo, which was drafted and has been circulating since last spring. “The sex listed on a person’s birth certificate, as originally issued, shall constitute definitive proof of a person’s sex unless rebutted by reliable genetic evidence.”
The new definition would essentially eradicate federal recognition of the estimated 1.4 million Americans who have opted to recognize themselves — surgically or otherwise — as a gender other than the one they were born into.
But sex and gender are not equivalent, and if the Trump administration wants to equate them, it’s making a serious mistake and hurting people as well. Still, scientific societies do themselves (or progressivism) no favor by the constant conflation of sex and gender. Sex is a useful concept whose binary nature has served biology well for centuries.
As I’ve written before, while sex is not completely binary, in general it’s effectively so, for the vast majority of individuals can be classified as either “male” or “female”. And this dichotomy is the result of evolution, in which two sexes are the result of natural selection, while those rare individuals who are intersex result from genetic or developmental anomalies. A paper by Dr. Leonard Sax in Journal of Sex Research gives this clinical definition of “intersex”, that is, of individuals who fit in the nonbinary valley between the big frequency modes of “male” and “female”:
A more comprehensive, yet still clinically useful definition of intersex would include those conditions in which (a) the phenotype is not classifiable as either male or female, or (b) chromosomal sex is inconsistent with phenotypic sex.
Using this definition, Sax estimates that 0.018%, or 18 individuals out of 100,000, are intersex. This is much lower than Anne Fausto-Sterling’s estimate of 1.7%, which includes many individuals who don’t fit the definition above. But it doesn’t matter. Under either construal sex is binary, or nearly so. Saying that sex is a “continuum” is palpably misleading (if technically correct), for the “continuum” includes at most 1.7% of all individuals between the two well-defined “binary” modes. As a biologist colleague of mine said, “Of course sex is binary. No biologist in their right mind would question that.”
The same might be largely true, though less true, for transgender individuals, estimated at about 0.6% of the U.S. population. But that figure doesn’t include individuals who identify as bisexual, polysexual, and so on, so the bimodality for gender may be a bit less pronounced than for sex.
At any rate, Nature shoots itself in the foot with this well-intentioned editorial that maintains that sex is not a binary concept (they don’t mention sex in the title but it’s in the text):

First, Nature estimates, without giving a source, that the frequency of people with “differences or disorders of sex development” can be as many as 1%, though these aren’t intersexes, nor blur the strong bimodality of sex. Most of these aren’t people who would be the subject of oppression or discrimination.
Worse, Nature conflates gender and sex several times, to wit:
The proposal — on which HHS officials have refused to comment — is a terrible idea that should be killed off. It has no foundation in science and would undo decades of progress on understanding sex — a classification based on internal and external bodily characteristics — and gender, a social construct related to biological differences but also rooted in culture, societal norms and individual behaviour.
We do understand sex, and it’s for all practical purposes binary in most animal species, and certainly ours. Here’s another of Nature‘s conflations:
Political attempts to pigeonhole people have nothing to do with science and everything to do with stripping away rights and recognition from those whose identity does not correspond with outdated ideas of sex and gender.
Outdated ideas of sex? What are the updated ideas of sex? Is Nature rejecting the ideas of male and female based on the existence of biological anomalies or intersexes? If so, are they rejecting, for similar reasons, the ideas of male and females in deer, fruit flies, and most other animals?
Yes, ideas of gender may be outdated—we now know well that someone’s self-identity may not correspond to their biological sex—but not of sex. Please, Nature, stop distorting biology in the service of ideology. It’s neither seemly nor necessary, as we can protect transgender and intersexual individuals without deep-sixing the sexual binary that has served biology so well.
As for the practice of pigeonholing people being useless and having nothing to do with science and everything to do with oppression, surely Nature doesn’t really mean that. For one thing, pigeonholing by sex is necessary in two important cases: Title IX regulations, in which it’s illegal to discriminate against programs funding college education (including sports) on the basis of sex. To enforce that regulation, which is a good one based on civil rights, you have to recognize women’s opportunities and sports teams versus men’s. Individuals have to be pigeonholed, and there must be some guidelines.
Pigeonholing is also important for sports, as in professional sports teams or the Olympics, where competitions involve either male teams or female teams, usually playing against same-sex teams. Without “pigeonholing” you simply have a mess. Does Nature advocate doing away with “men’s” and “women’s” teams? If not, then they recognize the usefulness of pigeonholing, and clearly must go along with some standard, even if it’s a somewhat arbitrary one. (How to define “male” and “female” in sports is a sticky issue, one that is above my pay grade.)
Second, does Nature oppose pigeonholing by ethnicity? Surely they don’t: they recognize the value of classifying individuals by ethnic backgrounds for the purpose of achieving either equal opportunity or equal outcome. In such cases “pigeonholing” on political grounds is generally salubrious, and certainly does not strip away people’s rights in the way the journal suggests above.
In the end, we progressives don’t need to distort biology to achieve our aims of treating people fairly. We don’t need to pretend that the idea of two distinct sexes in our species is “outdated.” It isn’t, and when Nature tries to pretend it is, they simply look silly.