"Gender" in languages signifies cultural norms (say, hierarchical social constructs) and the instrumentality of reproductive capability and political ideologies or economics.
There is too that bio-ethical dilemma evinced in clone technologies yet opposed by law that defeats the "rules" of reproductive politics (cf Mary O'Brien, eg), gender politics (a/k/a "sexism" or "feminism"), and scientific veridical methodologies to which arbiters of Western civilizations appeal for rationales, the legitimacy of punative actions.
Some day being born either male or female will cease to carry institutional value. We all will learn to be it. Diversity is the key to economic and political evolution.
If infertile variations are divided into the group most similar according - the groups constructed from the sexual reproduction schemes - then you are dealing with a socially constructed cathegory that is wider then the biological one. So no, sex is not an incontrovertible term unless you deal solely with fertile individuals. A vote for PES is a vote for EPP! A vote for EPP is a vote for PES! Support the coalition, vote EPP-PES in 2009!