[Dr. Sivana]

If non binary is the mental illness defense

Plain ol' mental illness is not necessarily a defense against a criminal charge. The mental illness would have to interfere with the accused's ability to discern right from wrong, know exactly what he was doing (e.g. "God told me those people were actually soulless demons who needed killing"), or be able to control his actions (e.g. my hand pulled the revolver and shot against my will).

[Deaf Smith]

I am thinking in the direction of; Not competent to stand trial due to mental disorder/defect.

Thus labeling all people with gender malfunctions as mentally defective which I believe true.