But, there are definitely intersexed people who can have children by natural means, though the percentage does vary by condition. Those conditions which are most obviously hermaphroditic do tend to also be the ones with the greatest rates of sterility.
The site you which you refered to also contains information dedicated to transexuals which are just a mental disease. The only people in this issue who matter are those who have direct genetic issues and not mere birth defects or mere mental illness.
I agree this is a legal issue. This is just the left playing doublespeak games with law.