New Bill Would Define Male and Female Based on Biology and the ‘Perfection of God’
Members of Congress have introduced a bill that would state the U.S. government legally recognizes only two genders, male and female, based on biology — an action one of its sponsors says establishes reality and recognizes “the perfection of God.”
Senator Roger Marshall (R-Kan.) and Rep. Mary Miller (R-Ill.) introduced The Defining Male and Female Act of 2025, which introduces a lightly amended version of language included in an executive order President Donald Trump signed on day one. The version of the bill Marshall posted online would recognize the laws of nature and of nature’s God as the law of the land by defining:
“‘female’, when used to refer to a natural person, means a person belonging, at conception, to the sex characterized by a reproductive system with the biological function of producing eggs (ova) ...
“‘male’, when used to refer to a natural person, means a person belonging, at conception, to the biological sex characterized by a reproductive system with the biological function of producing sperm.”
“Gender ideology,” on the other hand, “replaces the biological category of sex with an ever-shifting concept of self-assessed gender identity, permitting the false claim that males can identify as and thus become women and vice versa, and requiring all institutions of society to regard this false claim as true. Gender ideology includes the idea that there is a vast spectrum of genders that are disconnected from one’s sex. Gender ideology is internally inconsistent, in that it diminishes sex as an identifiable or useful category but nevertheless maintains that it is possible for a person to be born in the wrong sexed body.”
“I love what President Trump did on the first day in office: an executive order to say that if you make sperm, you’re a boy; if you make oocytes, if you make eggs, you’re a girl,” Marshall told “Washington Watch with Tony Perkins” on Monday. “And what we did this week was introduce legislation codifying, putting into law what President Trump did with that executive order.”
The bill comes as part of a broader strategy to codify President Trump’s executive orders into law while the GOP maintains a narrow majority in Congress. Enacting legislation is “important,” said host and Family Research Council President Tony Perkins, because although Trump has “done a lot of good things by executive order, but those can be undone by the next administration if there is a change in administration.” Additionally, when society denies genetics, “what we’re denying is broader truth, and that’s a very dangerous place for a society to be.”
“Now more than ever, we must unite to uphold the truth and biological reality established by God that there are only two sexes,” stated Miller, who introduced the companion version of the bill in the House of Representatives. It is time “to ensure our nation upholds common sense and puts an end to the Left’s dangerous and extreme sexual fantasies.”
Such fantasies were in the driver’s seat of the Biden-Harris administration, which touted its partnerships with gender-fluid social media influencers and threatened to withhold school lunch money from districts that refused to bow to the redefinition of sex by giving boys access to girls’ changing areas. “Because the other side spent four years pretending boys were girls, it’s time to restore common sense once and for all by establishing clear, legal, and biologically-accurate definitions of male and female,” said Senator Cindy Hyde-Smith (R-Miss.). “By affirming biological truth, we defend fairness in sports, safeguard women and children, and uphold the principles of Title IX as Congress intended.”
Despite polls showing voters believe liberals are too focused on transgenderism and expressing deep-seated opposition to men competing in women’s sports, “the Democrats are just digging deeper and deeper in this hole,” Marshall told Perkins. “I think it’s important long term that we codify this,” because “I don’t think we’re spending nearly enough time talking about protecting the dignity of ladies, of girls. No one can look me in the eye and say, ‘I think it’s perfectly fine to have a biological boy in the shower with these young ladies.’ We need to protect their rights, their safety, and their dignity.”
“Defining males and females is an important step to helping protect our women and girls across America,” agreed Senator Pete Ricketts (R-Neb.), who co-sponsored the bill.
Marshall, sometimes known as “Doc Marshall,” said the legislation grows partly out of his long history as an OB-GYN. “Every baby that that I delivered, as I cleaned the baby off and was stimulating it to cry, I would say a silent prayer for that baby. And then as soon as the baby started crying,” Marshall told Perkins, he would “hand that baby to the mom and dad and say, ‘It’s a boy’ or ‘It’s a girl.’ And nobody ever gave me the baby back and said, ‘Hey, we don’t want to assign a sex yet.’”
Marshall also revealed a deeper, spiritual aspect to his opposition to gender ideology more broadly: It defies reality and claims prerogatives that belong to God alone. By asserting the right to reassign the immutable reality of their sex, “people are saying that we are God, that we get to determine whether [their sex] is male or female. So, they’re rejecting the perfection of God. God knew us, made us perfectly in the womb. We were made perfectly. So they want to reject what God has given us,” said Marshall. “I think it’s a very slippery spiritual slope.”
Trump also sounded similar notes in last month’s address to a joint session of Congress. “Our message to every child in America is that you are perfect exactly the way God made you,” said the president.
Trump’s actions have impacted state capitols and legislatures, as well. Republican Governors Patrick Morrissey of West Virginia and Mike Braun of Indiana have signed executive orders establishing the immemorial definitions of male and female as the legal standard in their respective states. “We are going to lead with common sense,” declared Morrissey, repeating one of the president’s favorite phrases.
State lawmakers have also taken up the mantle of rooting state law in natural law. The state of Ohio’s current proposed, two-year budget bill contains a provision stating, “It is the policy of the state of Ohio to recognize two sexes, male and female. These sexes are not changeable and are grounded in fundamental and incontrovertible reality,” using identical language to Trump’s executive order. It also forbids taxpayer-funded state agencies from promoting LGBT ideology by flying Pride flags, does not allow libraries to place sexually explicit books in the children’s section, and does not fund organizations that promote the transgender agenda. “It’s really embarrassing that we have to say this,” said Ohio State Rep. Gary Click (R-88), a champion of gender sanity in the Buckeye State. “The only thing more embarrassing would be not saying it in days like these.”
Rep. Miller’s companion bill is H.R. 2378. Senator Marshall’s bill has not been assigned a number as of this writing.
Ben Johnson is senior reporter and editor at The Washington Stand.