it's because Y chromosome is transient and "males" can lose it with age or illness
it doesn't really do anything after puberty
it's about gene expression and it can be discarded genetically
so yes there are "men" walking around who would show negative on a SRY test and qualify
again, they tried this exact thing in 1996
and it went over so badly they ended it by 2000
this is 100% politics and conservative people with power trying to manipulate things
biology is not binary, it's messy and not exact
there are "common" things and less common
Another approach would have been to accommodate the less common
But you'll notice they didn't even try to do that