The short answer is Yes, this individual can still get a U.S. visa. But I'd still recommend that this person speak with an attorney before applying for a visa or traveling to the U.S.
I was under the impression that guidance from the state department allows border agents to deny visas to visitors whose “apparent sex differs from sex at birth.” Moreover, “misrepresenting sex” (whatever that means) could be grounds for permanent refusal of entry, by this guidance.
It's not normal. The vast majority of people travelling to other countries do not consult with an attorney before doing so. By recommending that someone consult an attorney Mr. Roberts has effectively cautioned this person against travelling to the US without politicizing the discussion.
I got a work visa to live in Luxembourg and a visa to work in India and in neither case did I consult with a lawyer, the process was well documented and easy to do.
It is a sign a deeply adversarial country if you send the signal you need legal consultation to work or live there.
I’m not the person you’re replying to, but I’m interested in your response to your own question if you’re up for sharing.
My uninformed opinion if you want it: No, it’s not normal for someone to speak to an attorney before traveling. That question is a tad rigged though since I do find it normal to talk to an attorney if you’re doing something abnormal[0] to a legal document, especially to a legal document used to (ideally) rigorously confirm your identity.
[0] uncommon is likely a better choice of words, but I hope the added indirection isn’t necessary in this format of discussion
