Then you have cases like the one in Tennessee, where a trans woman did this to protest not being given an accurate drivers license. The police responded by arresting her for exposing female breasts. And then they threw her in a men's prison.

There is a long precedent in the law of treating trans people as male or female, whichever will hurt them most in the moment. That's the standard for most conservatives. "We'll treat you right now as whatever sex would hurt you the most, and we won't care about being consistent about it."