Your trying to obfuscate the fact that there are only two chromosome options. Additionally, you're using apples and oranges comparisons when you bring in law and philosophy to sport. I can appreciate your breadth of knowledge, but it also leads you to widely overcomplicate issues and ignore relativity.
Yes, 100%. I thought I made that clear in my post. Why? Because T standards are arbitrary and subjective. Who's to say what the appropriate level of T is? And why should a female athlete be forced to artificially change their biology to compete? You said it yourself about T:
So how much T is too much T if the women in athletics have higher T than the general population? How much of an advantage is too much of an advantage? It's simply not something that can be determined.
Here is a bit of philosophy for you, why should we discriminate against a genetically masculinized (sp?) women that through no fault or choice of her own? While they may have an advantage in sport, they likely have disadvantages is other aspects of life.
Again you just can't pick and choose which of the hundreds of natural biological traits to exclude. How tall is too tall, how fast is too fast? Caster Semenya wasn't banned solely because she had too much T. She was banned because she was too fast. Too much T and slow, she doesn't get banned. An xx and xy test is binary, unequivocal and unambiguous.