No they are not and you sadly you went with the snarky comment. If you are a user, you need to make public your sex or lie (other is not undisclosed and has a different meaning to a part of the population).
Yes, there is always the "don't like - don't use it" defense. On the other hand, they could simply not make it public without permission and save the trouble. Downplaying the concerns of people just because you don't have the life experience to see the problem is not the best way to run a product. Understanding the concerns and making a good faith attempt to provide a solution or at least an explanation why you won't / cannot beyond "get over it" will win respect if not customers.
I find a lack of compassion for the difficulties of other people or their exclusion because of dogmatic rules not very helpful to the world. It is quite a lot like the proposed change to the WoW forums to require real names. The "it works for me" brand of design is not a good one.
It seems even people who care about this issue enough to post don't care enough to protect their likenesses.