I am talking about the actual on the books law. I think it's an interesting topic. I side with chromosomes unless they have voluntarily made alterations to meet any laws in regards to gender transformation.
The issue underneath transgendered people is that the chromosomes may not be the whole story. In other words, biological sex and gender identification may be handled by separate biological processes or by a cluster of genetic markers. We simply don't know enough about genes yet and the multitude of interactions. (That's one of the reasons I am against GM foods--Monsanto scientists have too crude an understanding of genetics to start messing with genes and creating artificial seeds.)