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Its because sexual differentiation is many process that starts with an SRY gene and ends with hormone receptors all over the body. Evolution also acts on all of it at each step of the process. A good example is like chest hair patterns on men which are all over the place.
You can have a penis if the correct receptors are triggered while still not having testes or an SRY gene.
Evolution also has examples of creatures that evolved so that both sexes (hyenas) or none (many birds) have a penis in different creatures and where sexuality is environmentally determined (turtles). These evolutionary pressures that created all these animals may be acting on humans also.
Which all comes down to the idea that the way we treat people is socially constructed. Like we don't want murder so we lock up murderers.
People who want to legislate biological binaries are saying there's an inherent danger to society in allowing the edge cases to exist. I and many others would argue this is a kind of short-sighted eugenics program that disallows human diversity for purely aesthetic reasons.
The results are like intersex babies getting gruesome gender assignment surgeries to fit better into the binary so when scientists later poll people they get results created by the binary. We're sort of basking in our own farts when we talk about biological sex.
Edit: it appears the person we're replying to is uninterested in factual discussion and is just here to reinforce his own hateful worldview.