Senator Marshall Fights Back Against Biden Administration Rule That Would Force Taxpayer-Funded Transgender Surgeries 

Washington, D.C. – U.S. Senator Roger Marshall, M.D. introduced a Congressional Review Act (CRA) to overturn the Biden Administration’s Health and Human Services’ (HHS) ruling that redefines the definition of “sex discrimination” in health programs like Medicaid and Medicare. 

The Biden Administration’s ruling includes provisions that force faith-based organizations to provide transgender surgeries and possibly even abortion procedures. If this rule goes into effect it would also mandate that insurance covers gender transition procedures, and overrule any state law that has banned gender transition services. Furthermore, states, under this rule, are forced to fund transgender surgeries with taxpayer dollars. 

Congress has 60 days to overturn this rule after its finalization before it can go into effect nationwide. If the House and Senate both pass a resolution of disapproval within this timeline the rule becomes void unless the president vetoes the resolution.

Senator Marshall’s CRA is co-sponsored in the Senate by Senators Blackburn (R-TN), Rubio (R-FL), Braun (R-IN), Lee (R-UT), Cramer (R-ND), and Britt (R-AL) and led in the House by Doug LaMalfa (R-CA) and Chip Roy (R-TX).

Senator Marshall’s CRA is sponsored by Heritage Action, The Ethics and Religious Liberty Commission, The Alliance for Defending Freedom, United States Conference of Catholic Bishops Committee on Laity, Marriage, Family Life, and Youth, Family Research Council, Concerned Women For America, and The Family Policy Alliance.

“Time is of the essence; we will fight like hell to overturn this radical ruling by Joe Biden’s HHS,” Senator Marshall said. “This is a dangerous abuse of power. 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. Gender is not fluid, and sex is not negotiable, and while all voice of reason seems to be lost at 1600 Pennsylvania Avenue, we will continue to sound the alarm. The HHS should be worried about Americans safety, health and wellbeing and stop doing the radical Left’s bidding by promoting child mutilation surgeries. I am happy to fight this fight- nothing is more important than protecting our children.” 

“The Biden administration is weaponizing HHS to attack the religious rights and freedoms of faith-based organizations,”Senator Blackburn said. “HHS’  ‘Nondiscrimination in Health Program and Activities’ rule would force faith-based organizations to perform gender transition, and possibly abortion, procedures. We need to overrule this rule and stand up for the religious rights and freedoms of the American people.”

“This baseless and unscientific re-interpretation of the definition of “sex” will no doubt be used by the Biden administration to force people and organizations to pay for products and procedures that violate their beliefs. Under this rule change, medical staff are required to perform surgeries, including transgender surgeries, even if they have moral objections, or their faith prevents from doing those procedures,” Congressman LaMalfa said. “This is a direct attack on religious freedom and conscience protections to push a radical gender ideology.”

“President Biden is ignoring mounting scientific evidence and abusing his authority to force insurance companies and health care providers to adhere to the Left’s radical gender ideology,” Ryan Walker, Executive Vice President of Heritage Action said. “By mandating coverage and compelling the performance of dangerous transgender surgeries and treatments, including on minors, medical professionals are robbed of their religious liberties and sincere medical objections. Heritage Action thanks Sen. Marshall for fighting back against this egregious abuse of power and encourages all lawmakers to support this resolution.” 

“The Biden administration’s rule is an egregious violation of the conscience rights of every American. Doctors take an oath to “do no harm,” but this rule threatens to force them to provide abortions, prescribe puberty blockers, and even perform radical gender transition surgeries on minors,” Penny Nance, President and CEO of Concerned Women for America Legislative Action Committee said. “HHS should be focused on the well-being of the American people, but instead, they’re intent on increasing access to these irreversible, life-altering, and dangerous procedures – and are using taxpayer dollars to do it. Congress needs to put a stop to it immediately.”

“The ERLC supports this joint resolution, which prohibits the implementation of a deeply-harmful rule finalized by the Biden administration. If allowed to remain in place, this rule would have grave ramifications for preborn life, religious liberty, and the wellbeing of our neighbors,” the Ethics and Religious Liberty Commission said. “Section 1557 is intended to ensure patients receive adequate care, not to force medical providers to enable ‘gender transitions’ and perform abortions, and we look forward to seeing this statute return to its original purpose.”

“We are honored to sign onto this CRA and join Senator Marshall in demanding the Department of Health and Human Services immediately reverse course, rescind this rule, and do no harm–especially for the sake of our nation’s children,” the Family Policy Alliance said.

“The Biden administration continues to push a radical redefinition of “sex” to include “gender identity” through the new ACA Section 1557 rule. The rule could force doctors to administer harmful drugs and surgeries that block puberty, alter hormonal balances, and remove healthy organs. Insurance plans could be required to pay for these dangerous procedures, and doctors could even be coerced to refer to patients by inaccurate pronouns,” Greg Baylor, Senior Counsel, Alliance Defending Freedom said. “The Biden administration should never force doctors to act against their sound medical judgment or harm patients. Alliance Defending Freedom commends Sen. Roger Marshall, Rep. Chip Roy, and Rep. Doug LaMalfa for introducing resolutions expressing congressional disapproval of this rule’s disregard of biological truth.

You may click HERE to read Senator Marshall’s full CRA.

Background: 

• On July 12, 2021, Senator Marshall led his Congressional colleagues in demanding information from HHS on how the agency will enforce “sex” discrimination prohibition in Section 1557 of the Affordable Care Act. Senator Marshall also expressed his concerns that the Biden Administration planned to require healthcare providers to provide, and insurance to cover, experimental gender transition procedures such as puberty blockers, cross-sex hormones, and sex-reassignment surgeries regardless of physicians’ clinical judgment based on evidence-based practices or conscience objections. 
• On September 24, 2021, Senator Marshall sent a follow-up letter to HHS expressing his dissatisfaction that the agency did not answer any of his questions included in the July letter. He reiterated his concerns and demanded that HHS provide the information he requested.
• On October 3, 2022, Senator Marshall led a letter to HHS Secretary Becerra expressing his concern with, at that time, HHS’ proposed 1557 rule. In the letter, Senator Marshall wrote that this rule should be immediately withdrawn and reevaluated since it “flagrantly flies in the face of Congressional intent and the underlying text of Section 1557 of the Patient Protection and Affordable Care Act.”