Chromosomes, as Anne Fausto-Sterling details in Sexing the Body, can’t be relied on as indicators of the other traits here — sets exist beyond XX and XY, as do humans in whom both are found and outwardly ‘female-bodied’ people with the latter. Anatomy comes in endless combinations, such that estimates of ‘ambiguous’ sets’ commonness vary wildly, with some as high as one in twenty-five (John Money, cited in Fausto-Sterling’s work). Bodies with the ‘wrong’ features — height, hair, breast tissue, Adam’s apples — are common. Everyone preadolescent, postmenopausal or otherwise infertile is sexless judging by sperm and ova. Hormones, like most of these attributes, can be altered at will.
When not all these tests are passed, which overrule which? Milinovich describes people with ‘female’ anatomy and XY chromosomes as male, for example — suggesting, confusingly, that she doesn’t think maleness requires physical traits. What reason is there to choose genes rather than body parts when diagnosing sex, and not vice versa? In practice, things tend to go the other way: medics who judge a foetus’s sex via ultrasound, for instance, do so only by identifying outer sex organs, and I know nothing about my chromosomes, interior sex organs, hormones or fertility. The fact (or assumption) I have a penis is seen as enough, most of the time, to classify my sex as male, but why should it outweigh these unknown factors?
It’s common enough for adult cisgender men — deemed male at birth, with bodies read straightforwardly that way — not to grow facial hair. I know two or three who don’t; so probably do you. This isn’t seen to affect their physical sex. Why then, barring blunt intuition, should the absence of a penis? We can argue facial hair is only a secondary sex characteristic, and penises a primary one, but this relies itself on defining sex by reproductive role: the logic is circular. From that standpoint, moreover, why not make testes the sole determinant, so people possessing them and a vulva were ‘males’? Testes have, after all, the more distinct and self-contained function of sperm production. A penis, being a shell for the urethra, is just another pipe among the plumbing — we’ve no grounds except cultural ones to treat it differently from a vas deferens. So why is it more necessary for ‘maleness’?
Milinovich calls sex a static, stubborn fact, then moves inconsistently between ideas (see above) about what it is. If she herself can’t pick a definition, what does this suggest?