Caster is biologically male with XY chromosomes, which is not intersex. Intersex means The individual has combinations of chromosomal genotypes and sexual phenotypes **other than XY-male** and XX-female

There is nothing chromosonally or biologicallly female about caster, who was misidentified as female at birth. Caster may have some societal dominant female interests and may have been encouraged to dress and act female as a child and therefore may choose to identify as a female, but biologically speaks is XY, which is why caster lost the appeal.