GOP Senator Proposes Legislation to Strip Legal Recognition of Transgender Individuals

This blog is originally appeared at LGBTQ Nation.

He claimed that his experience delivering babies proves that transgender people don’t actually exist, though his argument remains unclear.

Washington, D.C. — Senator Roger Marshall (R-Kansas) questioned Secretary of Homeland Security Alejandro Mayorkas at a Senate Homeland Security and Governmental Affairs Committee hearing focused on the President’s proposed budget request for the Department of Homeland Security for fiscal year 2025. The hearing examined resources and authorities requested to protect the homeland.

This week, Sen. Marshall introduced the “Defining Male and Female Act of 2024,” a bill aimed at legally erasing the recognition of transgender individuals. Marshall argued that the bill is a response to what he describes as the Biden administration’s effort to “replace biological sex with dangerous radical gender ideology.”

The proposed legislation consists largely of definitions, with terms like “father” and “girl” now explicitly tied to the words “male” and “female.” Under the bill, “male” and “female” are defined as individuals who “naturally have, had, will have, or would have, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports and utilizes sperm or eggs for fertilization.”

Marshall claims the bill would prevent transgender individuals from participating in school sports and ensure “sex separation” in spaces like restrooms, locker rooms, dorms, 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 and using them as pawns in a radical woke agenda is not only wrong, it is extremely dangerous,” Marshall said. However, his experience as a former OB/GYN does not make him an expert on transgender issues. “We must codify the legal definition of sex based on science, not feelings. With this legislation, we can fight back against the Biden-Harris Administration’s assault on our children.”

Marshall’s assertion that the Biden administration is behind the existence of transgender people is inaccurate; transgender individuals have existed long before Biden’s presidency and will continue to exist long after it. Transgender people are not an “ideology”; they are human beings.

A similar bill was introduced in July in the House of Representatives by Rep. Mary Miller (R-IL), who also claimed her bill would prevent Title IX protections from applying to transgender people. However, the argument that transgender individuals are not protected by Title IX hinges on the notion that discrimination based on gender identity is discrimination based on sex assigned at birth. In other words, if a school allows cisgender girls to compete on a sports team but excludes transgender girls, this constitutes discrimination based on sex, as the only difference between the two groups is their sex assigned at birth. Title IX bans sex-based discrimination in education.

While Marshall’s bill is unlikely to pass in the current Senate controlled by Democrats, its introduction could signal plans to reintroduce it next session when Republicans are projected to regain control of the chamber.

Key Points on Trump’s Radical Anti-LGBTQ+ Agenda for a Potential Second Term

This blog is originally appeared at THEM.

Donald Trump triumphed over Kamala Harris early Wednesday morning in a presidential election marked by the Republican candidate’s anti-trans and anti-immigrant rhetoric.

On what may go down as one of the darkest days in U.S. history, a twice-impeached former president, who is both an accused rapist and a convicted felon, has been elected to the White House once again.

Donald Trump defeated Vice President Kamala Harris early Wednesday morning in an election dominated by the Republican candidate’s anti-trans and anti-immigrant rhetoric. Trump secured crucial battleground states—North Carolina, Georgia, Pennsylvania, and Wisconsin—after weeks of polling that showed him and Harris in a tight race.

“Trump was expected to declare victory even if he had lost, but his actual win now paves the way for what promises to be one of the most extreme presidential agendas in U.S. history. The consequences of another Trump presidency will be particularly dire for LGBTQ+ Americans, with his campaign platform outlining a full-scale assault on queer rights. On his 2024 campaign website, Trump vowed to implement a federal ban on gender-affirming care for minors and to redefine gender at the federal level, recognizing only male and female as legitimate genders—based solely on birth assignment. His platform also called for national “Don’t Say Gay” policies targeting LGBTQ+ students in schools and vowed to “keep men out of women’s sports.” Trump’s running mate, J.D. Vance, a former senator, introduced a bill that would imprison doctors who provide gender-affirming care to trans youth.

These policies would continue the trajectory of Trump’s first term, which was marked by a relentless assault on the LGBTQ+ community. Among the most significant actions were the ban on transgender people serving in the military, the removal of LGBTQ+ references from federal websites, the rollback of protections for trans students, and the opposition to workplace protections for LGBTQ+ employees. His administration also implemented a ban on people living with HIV from military deployment, disbanded the Presidential Advisory Council on HIV/AIDS, and cut global funding for HIV prevention and treatment.

During his 2024 campaign, LGBTQ+ Americans were once again bombarded with anti-LGBTQ+ messaging. Trump ran on a platform of staunch opposition to trans rights, supported by millions of dollars in ads from right-wing groups that portrayed the trans community as a threat to public safety and decency. One of the most widely circulated ads of the election cycle declared: ‘Kamala is for they/them. President Trump is for you.’ In his first and only debate with Harris, Trump made headlines by falsely claiming that she supported ‘transgender operations on illegal aliens in prison’—a statement LGBTQ+ advocates later clarified was a misrepresentation of the legal requirement to provide medically necessary care to incarcerated individuals. He also falsely accused Harris’ running mate, Tim Walz, of being ‘very heavy into transgender issues.'”

As advocates have consistently warned, the impact of Trump returning to the White House will be devastating for many vulnerable and marginalized groups. While Trump has repeatedly wavered on whether he supports national restrictions on abortion and contraception following the 2022 overturning of Roe v. Wade, his running mate, J.D. Vance, has made it clear that he ‘would like abortion to be illegal nationally.’ Trump has also floated the idea of defunding schools that teach the history and legacy of slavery, and he has persistently called for the disbanding of the Department of Education. Furthermore, his mass deportation agenda, aimed at expelling thousands of undocumented workers from the U.S., would reportedly cost the federal government millions of dollars each year.

In addition to these proposals, Trump’s allies—such as House Speaker Mike Johnson—have signaled plans to launch another attempt to repeal and replace the Affordable Care Act. This could jeopardize critical healthcare protections for seniors, pregnant patients, people with disabilities, and LGBTQ+ individuals, potentially leaving millions without access to vital services.

While it will be months before a second Trump administration fully takes shape, the public already has a clear sense of how he plans to govern. Throughout his volatile presidential campaign, Trump vowed to act as a dictator ‘on day one,’ promising to dismiss Jack Smith, the special prosecutor overseeing numerous criminal cases against him. In recent weeks, he has suggested using the National Guard to target American citizens, even fantasizing about journalists being shot, while repeatedly labeling those who oppose his fascistic views as the ‘enemy from within.’ Trump has also reportedly offered key positions in his administration to figures like Elon Musk and Robert F. Kennedy Jr.—the latter being an outspoken conspiracy theorist who has advocated for banning vaccines and removing fluoride from public drinking water.

In response to the looming threat of a second Trump term, some LGBTQ+ U.S. residents—particularly families of trans youth—have already fled the country out of fear for their safety and well-being. However, many others who would be directly impacted by his policies will not have the privilege of leaving. As during his first presidency, LGBTQ+ advocates are expected to continue their fight through the courts, the legislature, and public protests, standing firm against a wave of harmful policies that threaten their rights and freedoms.

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