USA TODAY International Edition

How Biden can restore LGBTQ rights

After Trump, we have a lot more to do, and undo

- Kevin Jennings Kevin Jennings is the CEO of Lambda Legal.

The House of Representa­tives just passed the Equality Act for the second time in two years. But this time, it’s different. With a Democratic majority in the Senate, we have a real chance to make history and, for the first time ever, write explicit discrimina­tion protection­s for LGBTQ people into our federal civil rights laws.

This would be welcome progress after Donald Trump’s four- year attack on LGBTQ people and about time, as the first version of the Equality Act was introduced in 1974.

In his first month in office, President Joe Biden has already taken several critical actions to reverse Trump’s damage to LGBTQ rights and restore the trust of the lesbian, gay, bisexual, transgende­r and questionin­g and/ or queer community:

h Repealed the discrimina­tory trans military ban.

h Achieved greater representa­tion in government by appointing Transporta­tion Secretary Pete Buttigieg, an out LGBTQ Cabinet member — the first to be confirmed by the Senate in our nation’s history.

h Directed federal agencies to apply the historic Supreme Court ruling in Bostock v. Clayton County, protecting LGBTQ people from discrimina­tion in everything from housing to health care.

Nightmare far from over

Yet just last week, the Mississipp­i Legislatur­e sent Gov. Tate Reeves a bill banning transgende­r athletes from female sports teams at schools and colleges, and he is expected to sign it.

The nightmare is far from over, and we cannot get complacent. To advance LGBTQ equality, we have a lot more to do — and undo.

As we near the halfway point of the Biden presidency’s first 100 days, there are three concrete actions that the new administra­tion must take: It must repair the damage to our courts by quickly adding a slate of pro- equality judges, stop granting “licenses to discrimina­te” and shut down policies that harm our most vulnerable.

The Trump administra­tion installed judges intent on underminin­g LGBTQ rights and protection­s. He appointed nearly a third of currently serving federal appellate judges ( including three of nine Supreme Court justices), and an alarming 40% of those judges have demonstrat­ed anti- LGBTQ+ bias.

The Biden administra­tion must restore fairness and impartiali­ty by naming judges who actually mean “equal justice under the law” when they say it.

We also need to reverse the Trump administra­tion policies that legitimate using religion as a pretext for discrimina­tion against LGBTQ individual­s. Through the rule- making process, he empowered federal agencies to allow health care providers, social service agencies and businesses to deny critical services to LGBTQ people based on the religious beliefs of their health care providers ( who have a duty to safeguard the health of their patients).

The Trump Department of Health and Human Services gave adoption agencies the green light to deny samesex couples the opportunit­y to adopt and foster children, meaning thousands will languish in institutio­nal homes and foster care rather than be placed with families who want to give them a permanent and loving home.

The Trump Department of Labor allowed federal contractor­s to discrimina­te against LGBTQ workers using “religious exemptions” as a smokescree­n for discrimina­tion.

The Biden administra­tion must ensure that all organizati­ons receiving federal tax dollars and businesses opened to the public treat all people with dignity and respect. To build a more inclusive society, our government must not subsidize private bigotry.

From immigratio­n to the military

Finally, we must protect the most vulnerable members of the LGBTQ community, including refugees, children and people living with HIV.

The rights of too many of these individual­s have been deliberate­ly targeted by hateful policies or just simply ignored. America has long stood as a beacon to the oppressed and marginaliz­ed — a nation where all are welcome — but Trump tarnished our reputation. He made it harder for LGBTQ people, many running from danger, to seek refuge on our shores. He put trans kids, who are more likely than their cisgender peers to experience bullying, in harm’s way by rolling back lifesaving guidance from the Department of Education. He fired patriotic service members living with HIV from our armed forces.

This cruelty goes against our most cherished values as a nation.

The Biden administra­tion must open our doors to LGBTQ refugees ( some of whom are fleeing countries where the government puts LGBTQ people to death as a matter of law), reestablis­hing asylum rules to provide safe harbor for those escaping oppression because of their sexual orientatio­n or gender identity. To safeguard educationa­l opportunit­ies for transgende­r children and further restore equality to our military, Biden must take immediate action to reinstate protection­s for transgende­r students and end HIV discrimina­tion in the military so that all who want to serve can do so.

Progress comes in many forms. Sometimes it means breaking new ground. Other times it means getting back to where we were before. The Biden administra­tion is off to a good start in restoring many of the hard- fought victories achieved before Trump sabotaged them. But there is much more to do to advance the goal of equality for LGBTQ individual­s and all Americans.

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