Well there you go, in most cases you'd hope no one would care.The trans person I worked with used the ladies. No idea what her genital situation was, none of my business. Had canny tits like.
But in legal ruling you have to come down on the side of one or the other.
And I don't think it's correct to say I can declare on monday I'm a woman with zero effort to be one and just start using the ladies and you have to accept that or your guilty of a hate crime.