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.
But this is a biological thing. It's a medical condition. It's not your gender if you were born with both sets of organs. The point of equality was to get rid of laws being selectively applied. By your philosophy, race also works similarly. Someone who is latino is whoever says they're latino.
Again, laws are not supposed to be selectively applied. If they can put 'man' or 'woman' on any form, so can anyone else. Or do you think they need some sort of confirmation by a doctor before they're allowed to fill out any sort of government forms?
And so what if they do? Nobody is throwing you in jail for selecting the "wrong" box. And if there is some special program you're defrauding.. well.. treating people differently on this in the law isn't part of my philosophy.
Yea, you can put down whatever you want on government forms. That's no mystery. Whether people at large accept you as that what you claim is on them. The government isn't an arbiter of reality any more than you are.
We are talking about gender here. Gender is only identical with sex if the person so chooses to identify that way. If you think that's "the way it's done now," you have been listening to too much conservative media.
The fact that you don't understand all of this does not speak well of you.
We're talking about both. Gender was traditionally identical to sex and this issue didn't come up much till relatively recently. Outliers, like people born with both sets of organs, were just that. To be consistent with this philosophy, race must also now be done as "whoever identifies as such". After all, it's just as much of a societal construct.