Republicans from both chambers in Congress are uniting to stop the Department of Health and Human Services (HHS) from implementing a new rule that could force physicians to perform gender-transition surgeries and provide transgender medicine to patients.
Led by Sen. Roger Marshall, R-Kan., the lawmakers are introducing a Congressional Review Act resolution regarding HHS' Nondiscrimination in Health Programs and Activities rule that redefines sex discrimination to include gender identity. The rule took effect May 6.
The Congressional Review Act is an oversight tool used by the legislative branch to overturn final rules issued by federal agencies.
Marshall's effort is co-sponsored by Sens. Marsha Blackburn of Tennessee, Marco Rubio of Florida, Mike Braun of Indiana, Mike Lee of Utah, Katie Britt of Alabama, and Kevin Cramer of North Dakota; and Reps. Chip Roy of Texas and Doug LaMalfa of California.
"This is a dangerous abuse of power," Marshall said in a news release. "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 well-being and stop doing the radical Left's bidding by promoting child mutilation surgeries."
HHS' rule change followed a Supreme Court decision in Bostock v. Clayton County in 2020, in which the court, in a 6-3 majority opinion written by Justice Neil Gorsuch, ruled that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination "because of sex."
Critics of the new rule said the Biden administration did not carve out conscience rights protections for physicians or healthcare workers with religious or conscience objections to transgender medicine who refuse to perform such invasive surgeries or provide cross-sex hormones.
"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," LaMalfa said in the news release. "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. This is a direct attack on religious freedom and conscience protections to push a radical gender ideology."
The joint resolution needs a simple majority to pass each chamber of Congress and cannot be filibustered in the Senate. However, it would need Biden's signature to be implemented. If he vetoes it, a two-thirds majority in each chamber would be needed to override the veto. If implemented, the resolution is not subject to judicial review.
"The Biden administration is weaponizing HHS to attack the religious rights and freedoms of faith-based organizations," Blackburn said in the news release. "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."
Michael Katz ✉
Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.
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