It's true that this isn't ex post facto, but in a sane interpretation of the law it would be discrimination against a protected class; a woman who was assigned female at birth grts preferential treatment under the law with respect to a woman who was not.

It honestly sucks that some interesting structures are basically flags against the writer now. I personally love the rule of three, the Oxford comma, the semicolon to hang a dependent clause, and yes, even the now fucking pervasive em-dash. It's just one more thing that LLMs have ruined for us.