(ZENIT News / Washington, 12.05.2024).- In a bold legislative move, Republican lawmakers have introduced the 2024 Definition of Male and Female Act, aimed at grounding terms like «male,» «female,» and «sex» in biological reality within U.S. law. Spearheaded by Senator Roger Marshall of Kansas, the bill seeks to prevent federal agencies and courts from redefining these terms based on gender identity rather than biological distinctions.
Legislative Intent and Concerns
Senator Marshall, a physician who has delivered over 5,000 babies, described the legislation as a necessary response to what he views as a progressive overreach. «We shouldn’t need a law to affirm that there are only two sexes—male and female,» he stated. «But today, we must safeguard these definitions from political agendas that put our children at risk.»
The proposed bill emphasizes protections for women’s spaces, including sports, scholarships, restrooms, and shelters, by restricting access based on biological sex. Marshall criticized the current administration for advancing policies that he claims disregard science and endanger women and girls.
Reactions from Co-Sponsors
Senator Mike Crapo of Idaho echoed Marshall’s sentiments, emphasizing the importance of recognizing biological differences for safety and fairness. «Women and girls deserve to feel secure and respected in all environments,» Crapo asserted.
Representative Mary Miller of Illinois linked the bill to broader voter sentiment. «The American people rejected radical transgender policies on November 5,» she stated, referring to recent electoral outcomes. «This bill reflects a clear mandate to preserve women’s rights and spaces while protecting children.»
Challenging the Biden Administration’s Policies
The legislation directly counters policies implemented under President Joe Biden and Vice President Kamala Harris. For example, the Department of Health and Human Services (HHS) attempted to reinterpret anti-discrimination provisions in the Affordable Care Act to include gender identity, requiring healthcare providers to cover transgender treatments for both adults and minors. This rule was blocked by the courts but remains a flashpoint in the gender policy debate.
Similarly, revisions to Title IX under the Biden administration sought to expand protections against sex-based discrimination to include gender identity. This move raised concerns about the inclusion of biological males in female sports and spaces, sparking legal challenges and a broader cultural backlash.
Core Provisions of the Bill
The proposed legislation seeks to codify that every individual is either biologically male or female, as determined at birth or earlier through medical observation. It explicitly denies the validity of self-identification as a determinant of sex.
Key definitions would be anchored in biology, with terms like «man,» «woman,» «mother,» and «father» clarified. The bill also equates «gender» with «sex,» rejecting its use as shorthand for identity or roles unless explicitly stated otherwise.
Potential Implications
If enacted, the bill would reverse certain Biden-era policies and create a legal foundation to safeguard biological distinctions in law, education, and public life. Advocates argue it would protect women’s rights and ensure fairness, while critics are likely to view it as an infringement on LGBTQ+ protections and identity rights.
With a sharply divided Congress and a White House unlikely to support the measure, the act may serve more as a political statement than an immediate legal shift. However, its introduction highlights the deepening divide over gender ideology and its role in American policy.
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