Sen. Roger Marshall (R-Kan.) introduced a measure Friday that aims to prevent the Biden administration from enforcing a new rule that expands the definition of sex in federal healthcare nondiscrimination law to include “gender identity.”

Opponents of the rule, which was proposed by the Department of Health and Human Services and is set to go into effect on July 5, argue that it threatens to override state laws banning gender transition surgeries and could force faith-based healthcare providers to perform the procedure, as well as abortions. 

Conservatives also fear the rule amending the Affordable Care Act will mandate that transgender surgeries be covered by all health insurance providers, including taxpayer-funded programs such as Medicaid and Medicare. 3 Sen. Roger Marshall (R-Kan.) introduced a measure Friday that aims to prevent the Biden administration from enforcing a new rule that expands the definition of sex in federal healthcare nondiscrimination law to include “gender identity.” Getty Images

Marshalls joint resolution, backed by six other Senate Republicans, expresses disapproval of the HHS rule under the Congressional Review Act, which allows Congress to overturn regulations with a bare majority vote in each chamber.

Time is of the essence; we will fight like hell to overturn this radical ruling by Joe Biden’s HHS,” Marshall told The Post. 

“This is a dangerous abuse of power, the Kansas Republican added. Our founding fathers would be rolling over in their graves if they knew that the President of the United States was trying to fund sex-change surgeries at the taxpayer’s expense.

Marshall, who was a practicing obstetrician before entering politics, argued that gender is not fluid, and sex is not negotiable.

While all voice of reason seems to be lost at 1600 Pennsylvania Avenue, we will continue to sound the alarm, he said. The HHS should be worried about Americans safety, health and wellbeing and stop doing the radical Left’s bidding by promoting child mutilation surgeries.  3 Marshall said the “founding fathers would be rolling over in their graves if they knew that the President of the United States was trying to fund sex-change surgeries at the taxpayer’s expense. Aaron Schwartz / CNP / SplashNews.com

The new regulation restores Obama-era provisions covering transgender individuals which the Trump administration rolled back in 2020.

Since the Obama administration, courts have issued conflicting rulings related to the provisions in Section 1557 of the Affordable Care Act. 

The lengthy HHS rule states in part that covered entities must not, Deny or limit health services, including those that have been typically or exclusively provided to, or associated with, individuals of one sex, to an individual based upon the individual’s sex assigned at birth, gender identity, or gender otherwise recorded or Deny or limit health services sought for purpose of gender transition or other gender-affirming care that the covered entity would provide to an individual for other purposes if the denial or limitation is based on an individual’s sex assigned at birth, gender identity, or gender otherwise recorded. 3 Marshalls joint resolution, backed by six other Senate Republicans, expresses disapproval of the HHS rule under the Congressional Review Act. REUTERS

Some conservatives have interpreted this to mean that physicians who, for example, offer hormones to adult women for a variety of ailments or symptoms will be legally required to provide them to transgender youths. 

Marshalls effort to use the Congressional Review Act to strike down the regulation is unlikely to succeed. 

CRAs are seldom successful, and even if the House of Representatives with its threadbare GOP majority and the Democratic-controlled Senate approve Marshalls joint resolution, President Biden will not sign it into law. 

I am happy to fight this fight, Marshall said of his long-shot effort. Nothing is more important than protecting our children.