There's a big difference, which is why the episode largely fell flat when compared to the classics. Starfleet had some legitimate concerns due to the history of genetic modifications (though they seem fine with magical super serum), eugenics, the millions that had died in said war and they win on a technicality, while with Data there wasn't really a technicality, they created more than enough doubt over that, they were dealing in theoretical. I doubt if androids had done what genetically modified citizens had done in the past, that trial would not have gone down like that. In fact we see that in Picard S1 when they're targets of discrimination because of their involvement in the Mars stuff (though again, it was poorly done and stupid imo but its another show).Is Data a real person allowed to leave Starfleet vs. Is Una a real person allowed to serve in Starfleet.
If you expand this to an allegory about trans or homosexuals or whatever they were going for, then it gets even worse when you think about it.