Because "male" and "female" in that sentence
don't mean sex. I know you think that "male" and "female" must only indicate sex, but this is a counter-example where they
do not mean sex. They mean gender identity, which is clearly different than sex.
"Male" and "female" for gender still
reference sex indirectly, and if that's all you mean, so the ◊◊◊◊ what? That's irrelevant. They do not
mean sex. They are different than sex. Your gender identity under California law in regards to the Department of Corrections doesn't have any connection to
your sex.
You don't get it. They aren't going to ask, because under the law, they
don't care what your sex is. They aren't mixing sex and gender because sex is irrelevant. They make that explicit:
"(c) The Department of Corrections and Rehabilitation shall not deny a search preference pursuant to paragraph (2) of subdivision (a) or a housing placement pursuant to paragraph (3) of subdivision (a) based on any discriminatory reason, including, but not limited to, any of the following:
(1) The anatomy, including, but not limited to, the genitalia or other physical characteristics, of the incarcerated person."
That there is the only place in this law which deals with sex, and it only comes into it in order to explicitly
exclude it as a factor for consideration.