I have never seen “hermaphrodite” on any government form. What do they put down?
It’s an edge case. Does a government form determine reality? They can put down one, both, none.
You cannot put down both or none on any government form that does not consider gender to be a non-biological thing.
Laws are not supposed to be selectively applied. If they can put down whichever one they choose, you are admitting your definition of ‘man’ and ‘woman’ do not apply to how society works.
I know “the exception that proves the rule” is a fun phrase, but it’s not actually how things work.
Intersex. And there are more of them than trans people per 100k, I believe. Yet somehow they’re never brought up.
Many (maybe most?) end up getting some type of gender-affirming surgery very early on, but not always. And who knows, going forward.