Excluding oral sex from the category of sex is silly. Oral sex is sex. Hey, look at that! It's even part of its commonly used name!
Seriously though, defining "sex" in a way that excludes oral is painfully heteronormative. Furthermore, if you're just relying on some flimsy, made-up distinction between "sex" and "sex acts," you don't have much of a case. I could rant about this all night, but I'll leave it at that.