I missed the EEO legislation which made “choice of biological sex” a protected class.
Note that the constitutional clause which prohibits the feds from establishing elite classes (1.9.8) uses the word “granted,” basically the same word that Clause 1 of Section 2 of Article II uses with respect to presidential pardons which aren’t based on legislative powers. So I don’t necessarily see constitutionally mandated congressional involvement in federal action which effectively establishes elite classes.