By continuing to use our site, you agree to our Private Policy and Terms of Use.
The Republican's latest anti-LGBTQ+ effort would write a binary definition of sex into federal law.
U.S. Sen. Roger Marshall, a Kansas Republican, has introduced a bill to deny transgender identity.
Keep up with the latest in LGBTQ+ news and politics. Sign up for The Advocate's email newsletter.
Marshall Wednesday introduced the Defining Male and Female Act of 2024, which a press release from his office calls “a bill to codify legal definitions of male, female, and sex to ensure they are based on biology rather than ideology.”
It would write a binary definition of sex into federal law. “In human beings, there are two — and only two — sexes: male and female, which refer to the two body structures (phenotypes) that, in normal development, correspond to one or the other gamete — sperm for males and ova for females,” the legislation says.
“Every individual is either male or female” and “an individual’s sex can be observed or clinically verified at or before birth,” it continues. “Rare disorders of sexual development are not exceptions to the binary nature of sex. In no case is an individual’s sex determined by stipulation or self-identification.” Gender should not be used as a synonym for sex or shorthand for gender identity or expression, the bill says.
Separate restrooms, locker rooms, and other single-sex facilities according to sex assigned at birth, plus separate sports teams and leagues organized in this fashion, “do not constitute unequal treatment under the law,” it goes on.
Marshall pointed to his experience as a medical doctor as justification for the bill. “As a physician who has delivered over 5,000 babies, I can confidently say that politicizing children’s gender to use them as pawns in their radical woke agenda is not only wrong, it is extremely dangerous,” he said in the press release. “I didn’t think we would need legislation to tell us that there are only two sexes: male and female, but here we are. We must codify the legal definition of sex to be based on science rather than feelings. With our legislation, we can fight back against the Biden-Harris Administration’s assault on our children.”
Actually, transgender identity is recognized as real by major medical and mental health organizations.
Marshall’s bill will likely go nowhere in the Senate, as Democrats still control the chamber until January. U.S. Rep. Mary Miller, an Illinois Republican, introduced a similar bill in the House of Representatives in July. It was referred to the House Judiciary Committee, and there has been no further action. However, such legislation may be a harbinger of what’s to come in the new Congress, with Republican majorities in both chambers under Donald Trump’s presidency. Marshall’s bill has the backing of right-wing groups Heritage Action for America (a sister organization of the Heritage Foundation, the group behind the anti-LGBTQ+ Project 2025), Concerned Women for America, the Family Research Council, and the Alliance Defending Freedom.
This is not Marshall’s first attack on trans people or LGBTQ+ people in general. In 2023, he introduced a bill to ban gender-affirming care for trans minors nationwide and one to ban federal funding for such care for trans people of all ages. Neither bill passed. He put out similar, equally unsuccessful, bills in 2021. In 2022, he led an effort to police LGBTQ+ content in children's TV programs, which also went nowhere, as did his plan the same year to block school meal funding in protest of the Biden administration's support for LGBTQ+ rights.
The introduction of his latest bill came on Transgender Day of Remembrance, an annual observance that commemorates trans people lost to violence.
