Cancel culture was systematically supported and promoted by the most powerful people in our society.
The Biden administration directed ICE to use the term “undocumented noncitizen” instead of “illegal alien.” They also pressured social media sites to censor certain content.
There was also the whole Al Franken thing.
in fact refusing to define a term doesn't sound like banning at all. to ban is to forbid somebody else from doing something. to refuse to do something personally isn't banning.
The obvious solution is the third option of letting a few more genders in, but that would still require being able to articulate what a woman is.
In fairness we don't have the words the judge used in front of us so maybe there was some hedging involved. But they do have to be able to come up with a working definition.