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GOP Moves to Block Biden Rule on Taxpayer-Funded Transgender Surgeries

Conservative lawmakers in the House of Representatives, led by Reps. Chip Roy of Texas and Doug LaMalfa of California, are taking action to repeal a new Department of Health and Human Services rule that would force taxpayers to fund transgender surgeries. The resolution, known as the Congressional Review Act (CRA) resolution, aims to overturn the HHS’s redefinition of “sex discrimination” in health programs, such as Medicaid, Medicare, and private insurance.

According to Mr. Roy, the Biden administration’s decision to broaden the definition of “sex” to include gender identity and sexual orientation through executive action is a radical departure from the traditional meaning of the term. He argues that Americans should not be compelled to finance transgender ‘health care’ with their premiums and tax dollars, while healthcare providers should not face pressure to offer these services.

The GOP lawmakers also caution that the new HHS rule could potentially force faith-based organizations to provide transgender surgeries and even abortion procedures. Additionally, they raise concerns about the rule overriding state laws that have prohibited gender transition services and mandating insurance coverage for gender transition procedures.

Sen. Roger Marshall of Kansas introduced companion legislation to the House resolution, and the House resolution has garnered nearly 20 co-sponsors. Congress has a 60-day window to overturn the new Biden rule once it is finalized before it can go into effect nationwide. If both the House and Senate pass a resolution of disapproval within this time frame, the rule becomes void unless the president vetoes the resolution.

Lawmakers like Mr. Marshall argue that the Biden administration’s policy represents a dangerous abuse of power, with concerns about the president attempting to fund sex-change surgeries at the taxpayer’s expense. The final rule, released by the Health and Human Services Department on April 27, has sparked debate over its potential impact on healthcare providers and its alignment with medical science.

Critics of the Biden administration’s decision to expand the definition of “sex” under Section 1557 of the Affordable Care Act to include “gender identity” have accused the administration of prioritizing politics over medical science. On the other hand, HHS Secretary Xavier Becerra has praised the decision as a significant advancement towards a more equitable and inclusive healthcare system, underscoring the department’s commitment to combating discrimination.

The unveiling of the final rule coincides with global discussions on the use of gender-transition drugs and surgeries for minors, with several Western European countries implementing restrictions on such treatments for individuals under 18. The release of the Cass Review, a comprehensive U.K. study on gender medicine, highlighted the limited evidence supporting these treatments. Despite these developments, the Biden administration continues to advocate for what it terms as “critical, medically necessary care for transgender youth.”

House Republicans’ efforts to challenge the Biden administration’s HHS rule reflect ongoing debates within Congress over healthcare policies and the government’s role in funding certain medical procedures. As the resolution progresses through the legislative process, the issue is likely to remain a point of contention among lawmakers and the public.

Written by Staff Reports

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