Trump ban on funding for trans procedures would be law under GOP senator's bill: 'Permanent fix'

FIRST ON FOX: Sen. Roger Marshall, R-Kan., is introducing new legislation to make President Donald Trump’s executive order banning the use of federal funds for transgender surgical procedures permanent, ensuring it remains in effect long after he leaves office.

Marshall's End Taxpayer Funding of Gender Experimentation Act will prohibit the use of federal funding for gender transition procedures and bars federal healthcare facilities, physicians, and providers from providing such procedures.

"Heaven forbid we don't get a Republican back in the White House here in four years, the next president could end that order just as easily," Marshall, who is also an OB/GYN, told Fox News Digital in an interview. "So that's why we need legislation to give this a permanent fix."

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Sen. Roger Marshall's legislation would codify the substance of a Trump executive order banning gender transition procedures on minors at federal facilities. (Ting Shen)

Marshall's bill would outlaw federal healthcare facilities, physicians, and providers from providing gender transition procedures. Exceptions to the ban include individuals born with medically verifiable sex-development disorders. Treatments for complications arising from gender transition procedures, regardless of the legality of the original procedure, are also allowed. 

The bill would cut off federal funding for sex change surgeries for currently serving military or veterans, as well for civilians through Medicare and Medicaid, Marshall said.

"Probably about a third of transgender folks are on Medicaid right now, which would be federal taxpayer dollars, so I think this is a big deal. This is a lot of people," Marshall said. "The military probably is spending $2 or $3 million a year on this particular treatment as well. I don't think that Americans want federal taxpayer dollars used for this purpose."

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A student leads a group of demonstrators in Knoxville, Tennessee, in protest of the state’s 2022 transgender athlete ban. (Saul Young/Knoxville News-Sentinel /USA Today)

President Trump has been cracking down on transgender issues since he went on the campaign trail. So far, he's issued several executive orders dealing with gender-identity, including banning trans women in women's sports, gender transition treatments and surgeries for children and an order defining two sexes as only male and female.

While Marshall's bill calls for the restriction of taxpayer dollars toward all gender transition surgeries — regardless of age — he reiterated that children are the most vulnerable.

"I just think the last thing we want to do is on a young person that's going through puberty to make irreversible changes," Marshall said. "I just don't think that they're ready to make those decisions yet, and they'd be better to hold off at least till adulthood, and maybe treat some of the other underlying challenges going on in their life as well."

Even Democratic voters appear moderate on the issue, recent polling suggests. A January New York Times/Ipsos poll found that 67% of Democratic respondents opposed transgender athletes competing in women's sports, but the issue remains a central party platform issue. 

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Tree Crane, 17, poses for a photograph following a rally where hundreds gathered in support of transgender youth at the Utah State Capitol Tuesday, Jan. 24, 2023, in Salt Lake City. (Rick Bowmer)

"But the Democrats are so dug in, they just won't give an inch on this particular issue," Marshall said, referring to elected Democratic Party leaders.

The bill is co-sponsored by Republican Sens. Jim Risch of Idaho, Lindsey Graham of South Carolina, Kevin Cramer of North Dakota, Tim Sheehy of Montana, Cynthia Lummis of Wyoming, Mike Lee of Utah, Ted Budd of North Carolina, Josh Hawley of Missouri, Marsha Blackburn of Tennessee, Roger Wicker of Mississippi, Jim Banks of Indiana, and Cindy Hyde-Smith of Mississippi.

Rep. Doug LaMalfa, R-Calif., will introduce the companion legislation in the House.

Jamie Joseph is a U.S. Politics reporter for Fox News Digital covering transgender and culture issues, the Departments of Education and Health and Human Services, and stateside legislative developments.