You can't say Gender is Binary but then say there is a non-zero amount of cases where it's not strictly binary.
That completely ignores the definition of binary.
Cheese and Milk
No. Gender is binary, defined by gamete type (sperm/ova).
SRY gene + pathways determine this in ~99.98% of global people. DSDs/intersex are rare disorders/variations within the binary—not a continuum or third sex. No third gamete exists.