Biden plans to move swiftly to advance LGBTQ rights
As U.S. vice-president in 2012, Joe Biden endeared himself to many LGBTQ Americans by endorsing same-sex marriage even before his boss, former president Barack Obama.
Now, as president-elect, Biden is making sweeping promises to LGBTQ activists, proposing to carry out virtually every major proposal on their wish lists. Among them: Lifting the Trump administration’s near-total ban on military service for transgender people, barring federal contractors from anti-LGBTQ job discrimination, and creating high-level LGBTQ-rights positions at the State Department, the National Security Council and other federal agencies.
In many cases the measures would reverse executive actions by President Donald Trump, whose administration took numerous steps to weaken protections for transgender people and create more leeway for discrimination against LGBTQ people, ostensibly based on religious grounds.
Beyond executive actions he can take unilaterally, Biden says his top legislative priority for LGBTQ issues is the Equality Act, passed by the House of Representatives last year but stalled in the Senate. It would extend to all 50 states the anti-bias protections already afforded to LGBTQ people in 21 mostly Democratic-governed states, covering such sectors as housing, public accommodations and public services.
Biden says he wants the act to become law within 100 days of taking office, but its future remains uncertain. Assuming the bill passes again in the House, it would need support from several Republicans in the Senate, even if the Democrats gain control by winning two runoff races in Georgia. For now, Susan Collins of Maine is the only GOP co-sponsor in the Senate.
Critics, including prominent religious conservatives, say the bill raises religious freedom concerns and could require some faith-based organizations to operate against their beliefs.
Among the actions that Biden pledges to take unilaterally, scrapping Trump’s transgender military ban would be among the most notable.
Jennifer Levi, a Massachusetts-based transgender-rights lawyer, said it’s clear Biden has the authority to do so after taking office.
Nicolas Talbott, a transgender man whom Levi has represented in a lawsuit seeking to overturn the ban, called that “a huge relief.”
“I look forward to being allowed to re-enrol in ROTC so I can continue to train, keep up my fitness to serve, and become the best Army officer I can possibly be,” Talbott said via email.
Some of Biden’s other promises:
• Appoint an array of LGBTQ people to federal government positions. There’s wide expectation that Biden will nominate an LGBTQ person to a cabinet post, with former presidential contender Pete Buttigieg among the possibilities.
• Reverse Trump administration policies carving out religious exemptions allowing discrimination against LGBTQ people by social service agencies, health-care providers, adoption and foster care agencies and other entities.
• Reinstate Obama administration guidance directing public schools to allow transgender students to access bathrooms, locker rooms and sports teams in accordance with their gender identity. The Trump administration revoked this guidance.
• Allocate federal resources to help curtail violence against transgender people, particularly transgender women of colour. Rights groups say at least 38 transgender or gender-nonconforming people have been killed in the U.S. this year. • Support legislative efforts to ban so-called conversion therapy for LGBTQ minors.
• Bolster federal efforts to collect comprehensive data about LGBTQ people in the U.S. by adding questions about sexual orientation and gender identity to national surveys.