I truly hope this person is legitimately non-binary so these people can eat crow, and they were definitely hasty in assuming the motive here.

However, if I were a lawyer looking to shield my client from hate crime enhancements...

The way the trans community claims gender is totally fluid is going to come back and bite them here, and make it very difficult for the community to say he isn't a 'true' lgbtq, without subverting their own rhetoric about how anyone can just decide they are a woman, surgery or no, and demand to be treated as one. I would definitely try to exploit this if I was the lawyer here.

I would not totally rule this possibility out, although perhaps the hypocrisy of such a sham would also subvert the insane rhetoric they have been peddling and expose it for what it is, and also be a good outcome