This is a common defense and is made differienate sex from gender. However, the idea of two sexes is a big fat lie, along with sex being binary. Sex is biMODIAL, meaning there are two are that extremely common compared to the rest, but that these are not the only two options.
Depending on how one defines sex, this can be anywhere from twelve different sexes to eight billion.
"Sex is not the same as gender." <- This phrase does not exclude those who do not fit into the female/male modes while still expressing sex and gender are not the same.