Of course not. It’s a claim of discrimination. Which falls under civil rights causes of action. It has nothing to do with criminal responsibility. ‘Gender identity’ is not a criminal defense like “self-defense” or “insanity.” It is an assertion of discrimination based on the possession of certain traits (i.e., race, sex, class, gender identity). We want to limit the class of people who can assert a claim of ‘gender identity’ discrimination to people who are on the path to trans-itioning.
But ‘gender identity’ has never been used by a trans person as a criminal defense!