Of course, one of the truisms of data modelling is that it never captures 100% of the system, and it's guided by your expectations of what the system will look like. Our push to digitally model everything exaggerates all the points of breakage. In the same way that you end up with people whose legal name are flagged fake by Facebook, or reverse image searches that think black people are "gorillas", you end up with a lot of data points that are bad fits for a model of binary gender.
This is not a huge surprise when humans are equated with other mammals in all their variety. But we have the problem of being emotional, well-socialized, and biased first, and smart second. So we're probably just going to have an extremely long culture war to rethink this categorization, with specious arguments trotted out at every turn.