EXCLUSIVE: Sen. Marshall Pushes To Codify Trump’s Male-Female Definitions Into Law

Kansas Senator Roger Marshall will introduce a bill on Wednesday that would codify President Donald Trump’s executive order defining “male” and “female” in biological terms.

Marshall’s bill would “establish clear and consistent biological definitions of male and female,” according to a copy of the bill shared with The Daily Wire. The bill is in line with Trump’s day one executive order that made it official government policy to only recognize two sexes grounded in biological reality.  

“The Democrats’ radical transgender agenda is dangerous and wrong. We shouldn’t need legislation to tell us the basic reality that there are only two sexes, but here we are,” Marshall told The Daily Wire. “I’m thankful President Trump has made this a top priority and signed an Executive Order on his first day in office recognizing that there are only two sexes. Congress must ensure this historic action is written into law by passing the Defining Male and Female Act.”

The bill defines “male” as a “person belonging, at conception, to the biological sex characterized by a reproductive system with the biological function of producing sperm” and female as a “person belonging, at conception, to  the sex characterized by a reproductive system with the biological function of producing eggs (ova).”

A man is then defined as an “adult human male” and a woman as an “adult human female.” 

Marshall’s legislation would also make clear that the term “gender identity” is not a proper replacement for sex. 

“‘Gender identity’ means an identity that reflects an internal and subjective sense of self, disconnected from biological reality and sex and existing on an indeterminate continuum, and, because such an identity does not provide a meaningful basis for identification for purposes of Federal law, the term shall not be recognized by the Federal Government as a replacement for sex,” the legislation says. 

Illinois GOP Rep. Mary Miller is also expected to introduce a companion measure in the House.

“Now more than ever, we must unite to uphold the truth and biological reality established by God that there are only two sexes,” she told The Daily Wire. “I am proud to stand alongside Senator Marshall in introducing the House companion to the Defining Male and Female Act to ensure our nation upholds common sense and puts an end to the Left’s dangerous and extreme sexual fantasies.”

Marshall introduced a similar bill in November, before Republicans had taken control of the Senate. 

In his January executive order, Trump rooted his definitions of male and females in biology. 

“It is the policy of the United States to recognize two sexes, male and female.  These sexes are not changeable and are grounded in fundamental and incontrovertible reality,” the executive order said. “When administering or enforcing sex-based distinctions, every agency and all Federal employees acting in an official capacity on behalf of their agency shall use the term “sex” and not “gender” in all applicable Federal policies and documents.”

Trump later took action to ban funding for entities that promote transgender procedures on kids. In December, Marshall put forth a bill that would ban doctors from performing the procedures on kids nation-wide.