EXCLUSIVE: Senator Marshall Introduces Legislation to Define ‘Male’ and ‘Female’

Kansas Senator Roger Marshall introduced a bill on Wednesday aimed at challenging key aspects of transgender ideology by defining “male” and “female” based on “biological reality.

The “Defining Male and Female Act of 2024” seeks to legally establish the biological distinctions between men and women. Supported by several conservative organizations, the legislation emphasizes the need to address “growing confusion about the definition of sex as a biological fact.”

Marshall emphasized this objective in a statement to The Daily Wire.

“As a physician who has delivered over 5,000 babies, I can confidently say that politicizing children’s gender to use them as pawns in their radical woke agenda is not only wrong, it is extremely dangerous. I didn’t think we would need legislation to tell us that there are only two sexes: male and female, but here we are,” Marshall said.

Senator Marshall is the latest Republican to propose legislation addressing this issue. Earlier this month, Rep. Nancy Mace (R-SC) introduced a bill aimed at prohibiting men from using women’s bathrooms in the U.S. Capitol. This measure would ensure that incoming Democratic Rep. Sarah McBride (DE), a man who identifies as a woman, would not be permitted to use the same restrooms as his female colleagues.

Marshall’s bill asserts that “every individual is either male or female” and that “an individual’s sex cannot be determined by stipulation or self-identification.” It defines a female as “an individual who naturally has, had, will have, or would have—except in cases of congenital anomalies or intentional/unintentional disruptions—a reproductive system capable of producing, transporting, and utilizing eggs for fertilization.”

It defines a male as: “an individual who naturally has, had, will have, or would have, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports, and utilizes sperm for fertilization.”

This makes a “man” an “adult human male” and a “woman” an “adult human female.” 

Marshall’s legislation is supported by Idaho Republican Senators James Risch and Mike Crapo, as well as Senator Cindy Hyde-Smith (R-MS). In the House, Representative Mary Miller (R-IL) plans to introduce a companion bill. The proposal has also garnered backing from conservative organizations such as Heritage Action, Family Research Council, Concerned Women for America, and Alliance Defending Freedom.

“We must codify the legal definition of sex to be based on science rather than feelings,” Marshall told The Daily Wire. “With our legislation, we can fight back against the Biden-Harris Administration’s assault on our children.”