Senator Roger Marshall introduced a measure to prevent the Biden administration from enforcing a new rule expanding the definition of “sex” in federal healthcare nondiscrimination law to include “gender identity.” Set to go into effect on July 5, opponents of the rule fear it could threaten state laws banning gender transition surgeries and compel faith-based healthcare providers to perform procedures like abortions. They also worry the rule will require all health insurance providers, including taxpayer-funded programs like Medicaid and Medicare, to cover transgender surgeries.
Backed by six other Senate Republicans, Marshall’s joint resolution expresses disapproval of the HHS rule under the Congressional Review Act, allowing Congress to overturn regulations with a majority vote in each chamber. Marshall believes the rule is a dangerous abuse of power and that promoting sex-change surgeries at taxpayer expense goes against the founding fathers’ intentions. As a former obstetrician, Marshall argues that gender is not fluid and sex is not negotiable, criticizing the Biden administration for promoting radical actions like child mutilation surgeries.
The new regulation, which restores Obama-era provisions related to transgender individuals, has faced conflicting court rulings since the Obama administration. The HHS rule stipulates that covered entities must not deny or limit health services based on an individual’s sex assigned at birth, gender identity, or recorded gender. Some conservatives fear that physicians could be legally required to provide hormone treatments to transgender youth if they offer them to adult women for other ailments or symptoms. Marshall’s efforts to use the Congressional Review Act to strike down the regulation are unlikely to succeed due to the challenges associated with CRAs.
Despite the unlikelihood of success, Marshall remains determined to fight the new rule, emphasizing the importance of protecting children. While CRAs are seldom successful and President Biden is unlikely to sign any resolution overturning the rule, Marshall is committed to the battle. The HHS rule has sparked controversy among conservatives who view it as promoting radical ideologies and potentially compromising faith-based organizations’ ability to provide healthcare services that align with their beliefs. The debate over the expansion of the definition of “sex” in healthcare nondiscrimination law highlights the ongoing tension between different political ideologies and perspectives on gender identity and healthcare access.
