Republicans introduce measure to cancel Biden HHS rule on transgender medicine

Republicans in both chambers of Congress are attempting to thwart the Biden administration’s implementation of a new rule that requires physicians and healthcare personnel to provide transgender medicine to patients.

Sen. Roger Marshall (R-KS) on Friday introduced a joint Congressional Review Act resolution in an attempt to overturn a new Department of Health and Human Services rule that redefines “sex discrimination” in health programs to include “gender identity.”

Marshall said the HHS rule, also known as “Nondiscrimination in Health Program and Activities,” is a “dangerous abuse of power” that would have the Founding Fathers “rolling over in their graves.”

“Time is of the essence; we will fight like hell to overturn this radical ruling by Joe Biden’s HHS,” Marshall said in a press release on the introduction of the CRA. “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 rule change comes after the Supreme Court decision Bostock v. Clayton County in 2020, in which the high court held that sex discrimination also includes discrimination on the basis of sexual orientation and gender identity.

Bostock was cited by both supporters and critics of the rule during the open comment period before it was finalized.

Critics say the Biden administration did not explicitly carve out conscience rights protections for healthcare workers with religious or conscience objections to transgender medicine who refuse to perform invasive surgeries or provide cross-sex hormones.

“The Biden administration is weaponizing HHS to attack the religious rights and freedoms of faith-based organizations,” said Sen. Marsha Blackburn (R-TN), a co-sponsor of the resolution. “HHS’s ‘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.”

Reps. Chip Roy (R-TX) and Doug LaMalfa (R-CA) are leading the House support for the joint resolution.

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The CRA is a tool that can be used to overturn certain federal agency actions. The joint resolution cannot be filibustered in the Senate and would follow a simple majority vote on the record. If signed into law by the president or passed with enough votes to override a veto, the joint resolution would not be subject to judicial review.

President Joe Biden could veto the CRA joint resolution if it reaches his desk.