Several Republican lawmakers introduced legislation to clarify that the terms “male,” “female,” and “sex,” among others, refer to the biological distinctions between men and women when those words are used in laws.
The Defining Male and Female Act of 2024, introduced by Sen. Roger Marshall from Kansas, aims to prevent government officials and courts from reinterpreting those terms through the lens of gender ideology by identifying men and women based on self-identification instead of biological distinctions.
Marshall said in a statement that he “didn’t think we would need legislation to tell us that there are only two sexes, male and female, but here we are.”
According to a news release, the legislation would restore the legal right to reserve girls’ and women’s sports and scholarships for biological girls and women. The news release also states that the bill would restore the sex separation of restrooms, locker rooms, dorm rooms, prisons, and shelters for victims of sexual assault.
“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,” Marshall said. “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.”
Sen. Mike Crapo, R-Idaho, said in a statement that “men and women have biological differences that must be recognized.” He added that “women and girls deserve to feel safe and respected in all spaces, public and private.”
The legislation is designed to unwind policies that were enacted during the administration of President Joe Biden and Vice President Kamala Harris.
Under the current administration, the U.S. Department of Health and Human Services (HHS) reinterpreted the Affordable Care Act’s prohibition on “sex” discrimination to include any discrimination on the basis of so-called “gender identity.” The rule was blocked by a judge but would have forced health care providers and insurers to cover transgender drugs and surgeries for both adults and minors.
The administration also revised Title IX regulations to redefine sex discrimination to include any discrimination based on gender identity. This could have forced publicly funded schools and colleges to allow biological men in women’s locker rooms, dormitories, and athletic competitions. However, its enforcement is limited after multiple courts blocked implementation.
“Since taking office in 2021, the Biden-Harris administration has embarked on a radical transgender agenda, preying on vulnerable youth and endangering women and girls in sports and locker rooms,” Rep. Mary Miller, R-Illinois, said in a statement.
“This agenda was soundly rejected by the American people on Nov. 5, and we now have a clear mandate to stop this insanity,” Miller said. “The Defining Male and Female Act will prevent any future administration from ever again redefining Title IX, and I’m thrilled to work with Sen. Marshall in sending it to President Trump’s desk next year.”
The proposed legislation would declare that “every individual is either male or female” and that “an individual’s sex can be observed or clinically verified at or before birth.” It adds that “in no case is an individual’s sex determined by stipulation or self-identification.”
The bill would further clarify that laws separating facilities and athletic competitions based on biological sex “do not constitute unequal treatment under the law.”
Under the law, the following words would be clearly defined based on biological distinctions: man, woman, male, female, boy, girl, mother, and father.
The proposal adds that the word gender “shall be considered a synonym for sex” and “shall not be considered a synonym or shorthand expression for gender identity, experienced gender, gender expression, or gender role” unless the explicit definitions of that law indicate otherwise.
