This is a valuable contribution.

A point that many, many people seem to have missed is that "gender," as that term is applied, must refer to something with objective existence rather than be a mere "social construct." However, because it must also be -- at least for the moment -- an intangible, we must each come to our own conclusion about what it may be in any individual case.

Subconscious sex, as you use it here, would be one of gender's first effects. Possibly, we can establish subconscious sex objectively; and that would be extremely helpful.

The heart of the social problem for transgender people is that being transgender cannot be objectively verified. So long as that remains true, whether someone is really "gender-divergent" or not will remain a belief. You don't generally make law or policy based on beliefs, at least when they are widely disputed or not widely shared.