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Biden signs order addresses safety of Native Americans, includes LGBTQ+

“We have to continue to stand up for the dignity and the sovereignty of tribal nations,” the president said

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President Biden signs his executive order at the Tribal Nations Summit November 15, 2022 (Screenshot via White House YouTube)

WASHINGTON – In an Executive Order signed earlier this week on Monday, President Joe Biden ordered the Federal government to work with the Tribal Nations across the U.S. to improve the public safety and criminal justice system for Native Americans.

The president signed the Executive Order as his administration kicked off the first White House Tribal Nations Summit on Monday. It was the first such gathering since the Obama White House held its last Tribal Nation Conference in September 2016.

The summit was attended by U.S. Secretary of the Interior Deb Haaland (A member of the Laguna Pueblo Nation) whose daughter is a lesbian, the President and the First Lady Dr. Jill Biden.

The summit was held virtually due to the COVID-19 pandemic. Tribal leaders representing the Tribal nations appeared on a virtual screen as a backdrop to the program at the White House, where the summit was broadcast from.

“We understand we cannot address these challenges unless we partner with and honor our nation-to-nation relationship with tribes. You all are keepers of our traditions, the defenders of our resources and visionaries for our future. You and your communities harness Indigenous knowledge that we need to help guide our government – not just across budget years, but across generations,” Secretary Halaand said as the Summit commenced.

In his remarks, Biden told tribal leaders “this is a big day” and reminded tribal leaders his American Rescue Plan included $31 billion for Tribal nations, the “most significant investment in the history of Indian country.” He also noted that the bipartisan infrastructure bill he signed later that day includes more than $13 billion in direct investments to Indian Country with intended benefits such as clean drinking water and high-speed Internet.

“We have to continue to stand up for the dignity and the sovereignty of tribal nations,” the president said.

 The president outlined five new initiatives from his administration: protecting tribal treaty rights, increasing tribal participation in management of federal lands, incorporating tribal ecological knowledge into the federal government’s scientific approach, taking action to protect the greater Chaco Canyon area in New Mexico from further oil and gas leasing, and signing the new executive order addressing violence against Native Americans.

The president addressed the crisis of missing or murdered Indigenous People in the country, with a specific reference in the order to LGBTQ+ Native Americans and people who identify as “Two-Spirit” people within Tribal communities.

In the order Biden also noted that; ” Previous executive action has not achieved changes sufficient to reverse the epidemic of missing or murdered indigenous people and violence against Native Americans.”

The president’s order directs the Attorney General, the Secretary of the Interior and the Secretary of Health and Human Services to improve data collection and information sharing. 

It also includes directives that the Attorney General issue recommendations to improve the use and accessibility of DNA database services, and to collect data for “ongoing analysis… on violent crime and missing persons involving Native Americans, including in urban Indian communities, to better understand the extent and causes of this crisis.” 

The order also directs the Departments of Justice, the Interior, HHS, Energy, and Homeland Security to “conduct timely consultations with Tribal Nations” and to “engage Native American communities to obtain their comments and recommendations,” and provides for increased collaboration across tribal nations and U.S. government agencies, as well as for technical assistance.

Full Text:

Section 1.  Policy.  The safety and well-being of all Native Americans is a top priority for my Administration.  My Administration will work hand in hand with Tribal Nations and Tribal partners to build safe and healthy Tribal communities and to support comprehensive law enforcement, prevention, intervention, and support services.

Generations of Native Americans have experienced violence or mourned a missing or murdered family member or loved one, and the lasting impacts of such tragedies are felt throughout the country.  Native Americans face unacceptably high levels of violence, and are victims of violent crime at a rate much higher than the national average. Native American women, in particular, are disproportionately the victims of sexual and gender-based violence, including intimate partner homicide.  Research shows that approximately half of Native American women have experienced sexual violence and that approximately half have experienced physical violence by an intimate  partner.  LGBTQ+ Native Americans and people who identify as “Two-Spirit” people within Tribal communities are also often the targets of violence.  And the vast majority of Native American survivors report being victimized by a non-Native American individual.   

For far too long, justice has been elusive for many Native American victims, survivors, and families.  Criminal jurisdiction complexities and resource constraints have left many injustices unaddressed.  Some progress has been made, particularly on Tribal lands.  Given that approximately 70 percent of American Indian and Alaska Natives live in urban areas and part of this epidemic of violence is against Native American people in urban areas, we must continue that work on Tribal lands but also build on existing strategies to identify solutions directed toward the particular needs of urban Native Americans. 

In 2020, bipartisan members of the 116th Congress took an important step forward through the passage of two pieces of legislation — Savanna’s Act and the Not Invisible Act of 2019 ‑- that include important provisions for improving law enforcement and justice protocols as well as improving access to data to address missing or murdered indigenous people.  My Administration is committed to fully implementing these laws and working with the Congress to fund these programs for Native Americans. Earlier this year, the Secretary of the Interior and the Attorney General announced a Joint Commission, established pursuant to the Not Invisible Act, that includes: representatives of Tribal, State, and local law enforcement; Tribal judges; Native American survivors of human trafficking; health care and mental health practitioners who have experience working with Native American survivors of human trafficking and sexual assault; Urban Indian Organizations focused on violence against women and children; and family members of missing or murdered indigenous people. The Commission will work to address the persistent violence endured by Native American families and communities across the country.  In addition, the Department of the Interior has established a special unit to focus resources on active and unsolved missing persons cases.

But more work is needed to address the crisis of ongoing violence against Native Americans — and of missing or murdered indigenous people.  Previous executive action has not achieved changes sufficient to reverse the epidemic of missing or murdered indigenous people and violence against Native Americans.  The Federal Government must prioritize addressing this issue and its underlying causes, commit the resources needed to tackle the high rates of violent crime that Native Americans experience over the long term, coordinate and provide resources to collect and analyze data, and work closely with Tribal leaders and community members, Urban Indian Organizations, and other interested parties to support prevention and intervention efforts that will make a meaningful and lasting difference on the ground. 

It is the policy of my Administration to work directly with Tribal Nations to strengthen public safety and criminal justice in Indian Country and beyond, to reduce violence against Native American people, and to ensure swift and effective Federal action that responds to the problem of missing or murdered indigenous people.  My Administration understands that Native American people, particularly the survivors of violence, know best what their communities need to make them safer.  Consistent engagement, commitment, and collaboration will drive long-term improvement to public safety for all Native Americans.

Sec. 2.  Coordination of a Federal Law Enforcement Strategy to Prevent and Respond to Violence Against Native Americans.  The Attorney General, working with the Secretary of the Interior and the heads of other executive departments and agencies (agencies) as appropriate, shall assess and build on existing efforts to develop a coordinated and comprehensive Federal law enforcement strategy to prevent and respond to violence against Native Americans, including to address missing or murdered indigenous people where the Federal Government has jurisdiction.  The strategy shall set out a plan to address unsolved cases involving Native Americans; provide for coordination among the Department of Justice, the Department of the Interior, and the Department of Homeland Security in their efforts to end human trafficking; seek to strengthen and expand Native American participation in the Amber Alert in Indian Country initiative; and build on and enhance national training programs for Federal agents and prosecutors, including those related to trauma-informed and victim-centered interview and investigation techniques. The strategy shall also include protocols for effective, consistent, and culturally and linguistically appropriate communication with families of victims and their advocates, including through the creation of a designated position within the Department of Justice assigned the function of serving as the outreach services liaison for criminal cases where the Federal Government has jurisdiction.  The Attorney General and the Secretary of the Interior shall report to the President within 240 days of the date of this order describing the strategy developed and identifying additional resources or other support necessary to implement that strategy. 

Sec. 3.  Supporting Tribal and Other Non-Federal Law Enforcement Efforts to Prevent and Respond to Violence Against Native Americans. 
     (a)  The Attorney General and the Secretary of the Interior, working with the heads of other agencies as appropriate, shall develop guidance, identify leading practices, and provide training and technical assistance, consistent with applicable law and available appropriations, to:

          (i)    assist Tribal governments in implementing special domestic violence criminal jurisdiction pursuant to the Violence Against Women Reauthorization Act of 2013, enabling them to prosecute certain non-Indian defendants for domestic violence and dating violence offenses in Indian Country, and also assist Tribes in implementing any relevant Tribal provisions in subsequent Violence Against Women Act reauthorization legislation;
          (ii)   assist Tribal governments within Oklahoma, consistent with the United States Supreme Court’s decision in McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), to build capacity to handle cases within their criminal jurisdiction, including the capacity to provide victim services;
          (iii)  promote coordination of Federal, State, local, and Tribal law enforcement, including, as appropriate, through the development and support of Tribal Community Response Plans;
          (iv)   continue to assist Tribal law enforcement and judicial personnel with training, as described in 25 U.S.C. 2451, on the investigation and prosecution of offenses related to illegal narcotics and on alcohol and substance abuse prevention and treatment; and
          (v)    assist Tribal, State, and local law enforcement entities’ ability to apply linguistically appropriate, trauma-informed, and victim-centered practices when working with victims of crime, and to develop prevention strategies and recognize the indicators of human trafficking affecting Native Americans.

     (b)  The Attorney General and the Secretary of the Interior shall continue to assess their respective grantmaking operations to evaluate whether any changes, consistent with applicable law, are warranted to make that grantmaking more equitable for Tribal applicants seeking support for law enforcement purposes and for the provision of services to victims and survivors.

Sec. 4.  Improving Data Collection, Analysis, and Information Sharing. 

     (a)  The Attorney General, in coordination with the Secretary of the Interior and the Secretary of Health and Human Services (HHS), as appropriate, shall sustain efforts to improve data collection and information-sharing practices, conduct outreach and training, and promote accurate and timely access to information services regarding crimes or threats against Native Americans, including in urban areas, such as through the National Crime Information Center, the Next Generation Identification system, and the National Violent Death Reporting System, as appropriate and consistent with applicable law. 

     (b) The Attorney General shall take steps, consistent with applicable law, to expand the number of Tribes participating in the Tribal Access Program for National Crime Information, which provides Tribes access to national crime information systems for federally authorized purposes.

     (c) The Attorney General, in coordination with the Secretary of the Interior and the Secretary of HHS, shall develop a strategy for ongoing analysis of data collected on violent crime and missing persons involving Native Americans, including in urban Indian communities, to better understand the extent and causes of this crisis.  Within 240 days of the date of this order, the Attorney General, the Secretary of the Interior, and the Secretary of HHS shall report jointly to the President on the strategy they have developed to conduct and coordinate that analysis and shall identify additional resources or other support necessary to implement that strategy.

     (d) The Attorney General shall assess the current use of DNA testing and DNA database services to identify missing or murdered indigenous people and any responsible parties, including the unidentified human remains, missing persons, and relatives of missing persons indices of the Combined DNA Index System and the National Missing and Unidentified Persons System.  Within 240 days of the date of this order, the Attorney General shall report the outcome of this assessment to the President, along with recommendations to improve the use and accessibility of DNA database services.     

     (e) The Secretary of HHS shall evaluate the adequacy of research and data collection efforts at the Centers for Disease Control and Prevention and the National Institutes of Health in accurately measuring the prevalence and effects of violence against Native Americans, especially those living in urban areas, and report to the President within 180 days of the date of this order on those findings and any planned changes to improve those research and data collection efforts. 

Sec. 5.  Strengthening Prevention, Early Intervention, and Victim and Survivor Services. 

     (a)  The Secretary of HHS, in consultation with the Secretary of the Interior and Tribal Nations and after conferring with other agencies, researchers, and community-based organizations supporting indigenous wellbeing, including Urban Indian Organizations, as appropriate, shall develop a comprehensive plan to support prevention efforts that reduce risk factors for victimization of Native Americans and increase protective factors, including by enhancing the delivery of services for Native American victims and survivors, as well as their families and advocates.  The comprehensive plan shall, to the extent possible, build on the existing evidence base.  The plan shall include strategies for improving mental and behavioral health; providing substance abuse services; providing family support, including high-quality early childhood programs for victims and survivors with young children; and preventing elder abuse, gender-based violence, and human trafficking.  In addition, the plan shall also include community-based strategies that improve community cohesion and cultural connectivity and preservation, educational programs to increase empowerment and self-advocacy, and strategies to encourage culturally and linguistically appropriate, trauma-informed, and victim-centered service delivery to Native Americans, including for survivors of gender-based violence.  The Secretary of HHS shall report to the President within 240 days of the date of this order describing the plan and actions taken and identifying any additional resources or other support needed.    

     (b)  The Secretary of HHS and the Secretary of the Interior shall review procedures within their respective departments for reporting child abuse and neglect, including barriers to reporting, and shall take appropriate action to make reporting of child abuse and neglect by the Indian Health Service easier and more streamlined.  In addition, the Secretaries shall assess and identify ways to expand Native American access to child advocacy center services such as pediatric medical forensic examination services, mental health care providers with advanced training in child trauma, and culturally and linguistically appropriate activities and services geared toward pediatric patients.  The Secretaries shall report to the President within 180 days of the date of this order describing actions taken, findings from the assessment, and planned actions to expand access, and identifying any additional resources or other support needed.    

     (c)  The Secretary of the Interior, consulting with the Attorney General and the Secretary of HHS, as appropriate, shall evaluate the effectiveness of existing technical assistance and judicial support services for Tribes to provide community-based conflict resolution, as well as culturally and linguistically appropriate, trauma-informed, and victim-centered strategies, including traditional healing services and healing courts, and shall identify and make improvements as needed.  The Secretary of the Interior shall report to the President within 180 days of the date of this order describing the evaluation findings and the improvements implemented.

Sec. 6.  Consultation and Engagement.  In accordance with the Presidential Memorandum of January 26, 2021 (Tribal Consultation and Strengthening Nation-to-Nation Relationships), the Departments of Justice, the Interior, HHS, Energy, and Homeland Security shall conduct timely consultations with Tribal Nations and shall engage Native American communities to obtain their comments and recommendations regarding implementing sections 2 through 5 of this order.  Tribal consultation and engagement shall continue as the strategies required by this order are implemented.

Sec. 7.  Definitions.  For the purposes of this order

     (a) “Tribal Nation” means an American Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges as a federally recognized tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 5130, 5131.
     (b) “Native American” and “Native” mean members of one or more Tribal Nations.
     (c) “Urban Indian Organization” means a nonprofit corporate body situated in an urban center, governed by an urban Indian controlled board of directors, and providing for the maximum participation of all interested Indian groups and individuals, which body is capable of legally cooperating with other public and private entities, pursuant to 25 U.S.C. 1603(29).

Sec. 8.  General Provisions. 
     (a)  Nothing in this order shall be construed to impair or otherwise affect: 
          (i)   the authority granted by law to an executive department or agency, or the head thereof; or
          (ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
     (b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
     (c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

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Biden-Harris administration sets record for number of confirmed LGBTQ judges

Mary Kay Costello Senate confirmation took place Tuesday

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U.S. Senate Judiciary Committee Chair Dick Durbin (D-Ill.) (Washington Blade photo by Michael Key)

The U.S. Senate voted 52-41 on Tuesday to confirm Mary Kay Costello as a judge for the U.S. District Court for the Eastern District of Pennsylvania, thereby setting a record for the number of LGBTQ federal judicial appointments made under the Biden-Harris administration, 12.

The Leadership Conference on Civil and Human Rights says less than three percent of the country’s nearly 900 federal judges are LGBTQ. Until this week, the Obama-Biden administration had appointed the most, 11, over two terms.

Costello is a prosecutor who has served as assistant U.S. attorney in Philadelphia since 2008.

In a post on X, the U.S. Senate Judiciary Committee’s Democratic majority wrote that she “exhibits a breadth of experience and a strong dedication to public service” and is “ready to serve as a federal judge.”

U.S. Sen. Dick Durbin (Ill.), the Democratic majority whip and chair of the committee, shared another post on X celebrating the administration’s record-breaking number of LGBTQ judicial appointments, writing, “We’re diversifying the federal judiciary for generations to come.”

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The Los Angeles Blade interviews President Joe Biden

Oval Office sit-down was the first for an LGBTQ newspaper

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President Joe Biden and Christopher Kane in the Oval Office on Sept. 12, 2024 (Blade photo by Michael Key)

Writing about President Joe Biden’s legacy is difficult without the distance and time required to assess a leader of his stature, but what becomes clear from talking with him is the extent to which his views on LGBTQ rights come from the heart.

Biden leads an administration that has been hailed as the most pro-LGBTQ in American history, achieving major milestones in the struggle to expand freedoms and protections for the community.

Meanwhile, conservative elected officials at the local, state, and national levels have led an all-out assault against LGBTQ Americans — especially those who are transgender, and especially transgender youth, who face an uncertain future with Donald Trump promising to strip them of their rights and reverse the gains of the past four years if he is elected in November.

Biden shared his thoughts and reflections on these subjects and more in a wide-ranging sit-down interview with the Washington Blade on Sept. 12 in the Oval Office, which marked the first time in which an LGBTQ newspaper has conducted an exclusive interview with a sitting U.S. president.

Looking back on the movement, the president repeatedly expressed his admiration for the “men and women who broke the back of the prejudice, or began to break the back” starting with those involved in the nascent movement for gay rights that was kicked off in earnest with the 1969 Stonewall Riots.

They “took their lives in their own hands,” Biden said. “Not a joke. It took enormous courage, enormous courage, and that’s why I’ve spent some time also trying to memorialize that,” first as vice president in 2016 when President Barack Obama designated a new national monument at the site of the historic uprising, and again this summer when speaking at the opening ceremony of the Stonewall National Monument Visitor Center.

“I think it set an example,” Biden said, not just in the U.S. but around the world.

Stonewall “became the site of a call for freedom and for dignity and for equality,” he said, and at a time when, “imagine — if you spoke up, you’d be fired, or you get the hell beat out of you.”

The president continued, “I was really impressed when I went to Stonewall. And I was really impressed talking to the guys who stood up at the time. I think the thing that gets underestimated is the physical and moral courage of the community, the people who broke through, who said ‘enough, enough,’ and they risked their lives. Some lost their lives along the way.”

Through to today, Biden said, “most of the openly gay people that have worked with me, that I’ve worked with, the one advantage they have is they tend to have more courage than most people have.”

“No, I’m serious,” he added, “I think you guys underestimate that.”

The president has spoken publicly about his deep respect and admiration for LGBTQ people, including the trans community, and trans youth, whom he has repeatedly said are some of the bravest people he knows.

A record-breaking number of LGBTQ officials are serving in appointed positions throughout the Biden-Harris administration. Among them are Transportation Secretary Pete Buttigieg, the first openly gay Senate-confirmed Cabinet member; Rachel Levine, the highest-ranking transgender appointee in history, who serves as assistant secretary for health at the U.S. Department of Health and Human Services; the first out White House communications director and press secretary, Ben LaBolt and Karine Jean-Pierre; and 11 federal judges (the same number of LGBTQ judicial nominees who were confirmed during the Obama-Biden administration’s two terms).

Even though “everyone was nervous,” Biden said, “I wanted an administration that looked like America,” adding, “all the LGBTQ+ people that have worked for me or with me have reinforced my view that it’s not what your sexual preference is, it’s what your intellectual capacity is and what your courage is.”

“I never sat down and said, ‘it’s going to be hard, man, she’s gay, or he’s gay,’ or ‘she’s a lesbian’” he said, and likewise, “it wasn’t like the people I work with, I went, ‘God, I’m surprised they’re competent as anybody else.'”

And then there is Sarah McBride, the Delaware state senator who is favored to win her congressional race in November, which would make her the first transgender U.S. member of Congress, a sign that “we’re on the right track,” Biden said.

A close friend of the Biden family, McBride worked for the president’s eldest son, Beau, who died from cancer in 2015. (As the Blade reported on Friday, Biden called to congratulate her on winning the Democratic primary race last week.)

While the president’s close personal and professional relationships with LGBTQ friends and aides has often been highlighted in the context of Biden’s leadership on efforts to expand freedoms and protections for the community, he credits first and foremost the values he learned from his father.

“I think my attitude about this, from the very beginning, was shaped by my dad,” Biden said. “You think I’m exaggerating, but my dad was a well-read guy who got admitted to college just before the war started” and in addition to being well educated was “a decent, decent, decent, honorable man.”

“My dad used to say that everyone’s entitled to be treated with dignity,” the president said, recalling a story he has shared before about a time when, as a teenager, he was surprised by the sight of two men kissing in downtown Wilmington, Del., and his father responded, “Joey, it’s simple. They love each other.”

“As a consequence of that, most of the things that I’ve done have related to just [what] I think is basic fairness and basic decency,” Biden said.

In his 2017 memoir, “Promise Me, Dad,” Biden writes that the country was too slow to understand “the simple and obvious truth” that LGBTQ people are “overwhelmingly good, decent, honorable people who want and deserve the same rights as anyone else.”

Plus, “It’s not like someone wakes up one morning says, ‘you know, I want to be transgender,’ that’s what I want to do,” he said. “What do they think people wake up, decide one morning, ‘that’s what I wanted’ — it’s a lot easier being gay, right?”

As vice president, Biden had pushed for the repeal of “Don’t Ask, Don’t Tell” and for the designation of a national monument to honor Stonewall, but he took a lot of heat — along with a lot of praise from the LGBTQ community — for voicing his support for same-sex marriage before Obama had fully come around to embracing that position.

His remarks came in the heat of the 2012 reelection campaign during an interview with NBC’s “Meet the Press.” Biden told the Blade he had just “visited two guys who had children” and “if you saw these two kids with their fathers, you’d walk away saying, ‘wait a minute, they’re good parents.’”

At the event, a reception hosted by Michael Lombardo, an HBO executive, and Sonny Ward, an architect, Biden pointed to the children and said, “Things are changing so rapidly, it’s going to become a political liability in the near term for someone to say, ‘I oppose gay marriage.’”

Nevertheless, “I remember how everyone was really upset, except the president,” Biden said, when he told David Gregory, “I am absolutely comfortable with the fact that men marrying men and women marrying women and heterosexual men and women marrying men and women are entitled to the same exact rights, all the civil rights, all the civil liberties and, quite frankly, I don’t see much of a distinction beyond that.”

It was a watershed moment. Obama would pledge his support for marriage equality three days later. And 10 years later, as president, Biden would sign the Respect for Marriage Act, a landmark bill codifying legal protections for married same-sex and interracial couples, rights that conservative U.S. Supreme Court Justice Clarence Thomas has expressed an interest in revisiting.

The president glanced at a print-out with bullet points, presumably a list of the various ways in which he and his administration have advanced LGBTQ rights over the past four years. “I forgot half the stuff I had done,” he said. “But you know, I’m just really proud of a lot of things we did.”

Ticking through some highlights, Biden started with the Respect for Marriage Act. “I was very proud” to sign the legislation, he said, with a ceremony in December 2022 that included Vice President Kamala Harris, first lady Jill Biden, and second gentleman Doug Emhoff.

Biden pointed to several advancements in health equity, such as the FDA’s decision to change “the law so that you could no longer discriminate against using the blood of a gay man or a gay woman,” progress in the national strategy to end HIV by 2030, an initiative coordinated by HHS, and a push to expand access to prophylactic drug regimens to protect against the transmission of HIV.

He added, “I directed the administration to promote human rights for LGBTQ [people] everywhere, particularly, for example, Uganda — they want help from us; they’ve got to change their policy, in terms of the discrimination.”

President Yoweri Museveni in May 2023 signed a law that carries a death penalty provision for “aggravated homosexuality.” The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Several of the administration’s pro-LGBTQ accomplishments and ongoing work address Republican-led efforts to restrict rights and freedoms. For instance, the president noted the importance of protecting in-vitro fertilization treatments, which are threatened by Trump “and his buddies” who were involved in Project 2025, the 900+ page governing blueprint that was drafted in anticipation of the former president’s return to the White House. The document contains extreme restrictions on reproductive healthcare and provisions that would strip away LGBTQ-inclusive non-discrimination rules.

“Fighting book bans” is another example, Biden said, adding, “I mean, come on, these guys want to erase history instead of make history.”

Last year, the president appointed an official to serve in the Education Department for purposes of advising schools on instances where their restrictions on reading material, which have been shown to disproportionately target content with LGBTQ characters or themes, may run afoul of federal civil rights law.

Before “Don’t Ask, Don’t Tell” was repealed, Biden said, “I spoke up when they were dismissing people, discharging people in the military because they were gay.” In 2021, just a few days after his inauguration, the president issued an executive order reversing the Trump administration’s ban on military service by transgender service members.

Lowering his voice for emphasis, Biden added, “They can shoot straight. They can shoot just as straight as anybody else.”

Other major pro-LGBTQ moves by the Biden-Harris administration include:

  • • Issuance of a new Title IX policy prohibiting discrimination on the basis of sexual orientation and gender identity in public schools, educational activities, and programs;
  • • A proposed rule from HHS that would protect LGBTQ youth in foster care;
  • • Expansion of mental health services, including the establishment of a 988 suicide and crisis lifeline, which provides the option for callers to be connected with LGBTQ-trained counselors;.
  • • Legal challenges of anti-trans state laws, such as those restricting access to health treatments;
  • • Repeated pushback against these bills by the president and other officials like Jean-Pierre;
  • • The president’s remarks reaffirming his support for the LGBTQ community, including in all of his State of the Union addresses;
  • • The administration’s work tackling the mpox outbreak;
  • • Expanded non-discrimination protections in the healthcare space;
  • • Issuance of new guidelines allowing for changes to gender markers on official government-issued IDs;
  • • Efforts to bring justice to veterans who were discharged other than honorably under discriminatory military policies, and;
  • • ‘The biggest Pride month celebrations ever held at the White House.

“But the one thing I didn’t get done was the Equality Act,” Biden said, “which is important. important.”

The president and his administration pushed hard for Congress to pass the legislation, which would codify LGBTQ-inclusive nondiscrimination protections in areas from housing and employment to lending and jury service.

Biden raised the issue again when the conversation turned to his plans to stay involved after January 2025. “Look,” he said, “when a person can get married” to a spouse of the same sex but might “show up at a restaurant and get thrown out of the restaurant because they’re LGBTQ, that’s wrong.”

“That’s why we need the Equality Act,” Biden said. “We need to pass it. So, I’m going to be doing everything I can to be part of the outside voices, and I hope my foundations that I will be setting back up will talk about equality across the board.”

“Lawmakers, aides, and advocates say that significant obstacles to progress on the Equality Act remain, including polarized views on how to protect the rights of religious institutions that condemn homosexuality and Republicans’ increasing reliance on transgender rights as a wedge issue,” the Washington Post wrote in 2021, after the bill was passed by the House but left to languish in the Senate.

On LGBTQ issues more broadly, Biden said, “I think there are a lot of really good Republicans that I’ve served with, especially in the Senate, who don’t have a prejudiced bone in their body about this but are intimidated.”

“Because if you take a position, especially in the MAGA Republican Party now, you’re going to be — they’re going to go after you,” he added. “Trump is a different breed of cat. I mean, I don’t want to make this political, but everything he’s done has been anti, anti-LGBTQ, I mean, across the board.”

Project 2025, the president said, “is just full of nothing but disdain for the LGBTQ community. And you have Clarence Thomas talking about, when the decision was made [to overturn] Roe v Wade, that maybe we should consider changing the right of gays to marry — I mean, things that are just off the wall — just pure, simple, prejudice.”

“What I do worry about is I do worry about violence,” Biden said. “I do worry about intimidation. I do worry about what the MAGA right will continue to try to do, but I’m going to stay involved.”

“I’m going to remain involved in all the civil liberties issues that I have worked for my whole life.”

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White House press secretary defends administration’s LGBTQ-inclusive Title IX policy

New nondiscrimination rules took effect last week

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White House Press Secretary Karine Jean-Pierre speaks at the White House press briefing on Oct. 11, 2023. (Washington Blade photo by Christopher Kane)

During a briefing with reporters on Wednesday, White House Press Secretary Karine Jean-Pierre defended the Biden-Harris administration’s expansion of Title IX to prohibit discrimination on the basis of sexual orientation and gender identity. 

Changes to the rules came pursuant to the U.S. Supreme Court’s 2020 ruling in Bostock v. Clayton County, which held that LGBTQ employees are legally protected from sex-based discrimination under the Civil Rights Act of 1964. 

The new policy, which took effect last week, also revokes Trump-era rules governing how schools must respond to allegations of sexual assault, which were widely considered imbalanced in ways favoring those accused of sex crimes.

Asked to respond to conservatives who warn the policy will harm women and girls, including the Republican state attorneys general who have filed legal challenges and the GOP governors who have vowed to disregard the new rules, Jean-Pierre began by stipulating that “there’s still ongoing litigation, so I would have to refer you to DOJ.” 

“More broadly,” she said, “every student deserves the right to feel safe. Every student deserves the right to feel safe in schools. That’s what the rule is all about: Strengthening and restoring vital protections that the previous administration took away.”

“Ending violence against women and girls has been a priority” for President Joe Biden not just during his tenure in the White House but also throughout his decades-long career in the U.S. Senate, the press secretary added. 

“This is an important step in an ongoing work to end campus sexual assault,” Jean-Pierre said. “That’s what we want to see. And I cannot speak any further to the litigation.”

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Emails show JD Vance’s right-wing, anti-LGBTQ pivot

Correspondences were between VP candidate, transgender law school classmate

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U.S. Sen. JD Vance (R-Ohio) speaks at the Republican National Convention in Milwaukee. (Washington Blade photo by Michael Key)

Written correspondence between U.S. Sen. JD Vance (R-Ohio) and transgender attorney Sofia Nelson, a former friend and Yale Law School classmate, sheds new light on the extent of the Trump critic-turned-running mate’s right-wing, anti-LGBTQ pivot.

In about 90 emails that the Detroit-based public defender shared with the New York Times, which were largely dated from 2014 through 2017, the Republican vice presidential nominee emerges as a thoughtful and respectful debate partner who, in one instance, took pains to apologize for inaccurately referring to Nelson as a lesbian in his memoir “Hillbilly Elegy.”

“I hope that you recognize that the description came from a place of ignorance, when I first started writing [the book] years ago,” he wrote. “I hope you’re not offended, but if you are, I’m sorry! Love you, JD.”

The two ultimately fell out in 2021 over Vance’s endorsement of an Arkansas bill banning gender affirming care for patients younger than 18. Then, as the author and attorney pursued his political ambitions, he firmly embraced the Republican Party’s anti-LGBTQ extremism.

In 2022, Vance came out against the Respect for Marriage Act, a law supported by 12 GOP senators that codified legal protections for married same-sex and interracial couples. Shortly after he took office the following year, when far-right U.S. Rep. Marjorie Taylor Greene (R-Ga.) proposed a nationwide gender affirming care ban with criminal penalties for healthcare providers of up to 15 years in prison, Vance introduced the companion bill in the Senate.

The senator has also espoused anti-LGBTQ rhetoric, including in campaign appearances with Trump. On social media, he endorsed the “groomer” slur against opponents of laws criminalizing classroom discussion of matters concerning sexual orientation and gender identity.

Along with his vocal criticism of former President Donald Trump, which was well documented before he officially joined the 2024 GOP ticket on July 15, Vance’s positions on policy matters as reflected in the exchanges with Nelson stand in stark contrast with those espoused since his campaign for and election to the Senate in 2022.

For instance, Vance voiced support for “anything that puts cops back in the mindset of service and protection instead of control and coercion,” proclaiming “I hate the police. Given the number of negative experiences I’ve had in the past few years, I can’t imagine what a Black guy goes through.”

As Trump campaigned on proposals to stem immigration from Muslim countries in 2015, Vance told Nelson “I worry most of all about how welcome Muslim citizens feel in their own country.” Americans have always been susceptible to “demagogues willing to exploit the people who believe crazy shit,” he lamented.

In another exchange about the former president, he wrote “the more white people feel like voting for Trump, the more Black people will suffer. I really believe that.”

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Biden ‘proud’ of his legacy on LGBTQ rights

President spoke with the Blade on the White House South Lawn on Tuesday morning

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Marine One lands on the South Lawn of the White House with President Joe Biden after midnight on July 30, 2024. (Washington Blade photo by Christopher Kane)

President Joe Biden said he is “proud” of his legacy on LGBTQ rights in response to a question from the Washington Blade as he stopped to talk with reporters after midnight on Tuesday on his way back to the White House from the South Lawn.

“I’m very proud of my position,” he said. “I was the first guy to come out for gay marriage” in 2012 when serving as vice president under former President Barack Obama.

Biden’s remarks, during an interview with David Gregory on “Meet the Press,” hastened the administration’s embrace of same-sex marriage and led to Obama’s announcement days later of his support for marriage equality.

Also in response to the Blade question, Biden shared a story he has told since at least 2014.

When he was a teenager in the 1960s in Wilmington, Del., “My dad was dropping me off to get a license to be a lifeguard in the city,” Biden said. “When we get out of the car, two guys leaned in and kissed each other. I’d never seen that before.”

“I looked at my dad,” the president continued, “and he said, ‘Joey, it’s simple, they love each other.’ It’s simple. That’s my position.”

Biden was returning from a trip to Texas, where he delivered remarks to commemorate the 60th anniversary of the Civil Rights Act during a visit to the L.B.J. Presidential Library in Austin, followed by an event in Houston where he paid respects to the late Congresswoman Sheila Jackson Lee, who died from cancer on July 19.

Taking other questions from reporters, the president said he hopes his legacy for Gen Z will be the economy and the environment.

Asked when he would campaign for Vice President Kamala Harris in her 2024 presidential bid, Biden said he had done so during his trip to Texas. On the question of whom he would support to run alongside Harris, he said “we’ll talk.”

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Harris becomes the de facto 2024 Democratic Party nominee for president

Advocacy groups praise vice president, President Biden

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Vice President Kamala Harris (Washington Blade photo by Michael Key)

Less than three days after President Joe Biden announced his decision to step off the ticket and endorsed Kamala Harris to run in his stead, the vice president had emerged as her party’s de facto pick to take on the Republican nominee Donald Trump in November.

According to data from the Associated Press, by Monday 2,868 of the nearly 4,000 delegates who represent Democratic voters had endorsed Harris, well exceeding the 50 percent threshold necessary for her to lock up the nomination, which will be made official during the Democratic National Convention next month. The first ballots will be cast between Aug. 1 and Aug. 7.

“When I announced my campaign for president, I said I intended to go out and earn this nomination,” the vice president said in a statement Monday. “Tonight, I am proud to have secured the broad support needed to become our party’s nominee,” she said, adding, “I look forward to formally accepting the nomination soon.”

Virtually all prominent Democrats whose names were floated as potential rivals quickly lined up behind Harris, including Michigan Gov. Gretchen Whitmer, who was tapped to co-chair the campaign, and Transportation Secretary Pete Buttigieg, the first openly gay Cabinet member, who is considered a top contender to be her running-mate for vice president.

As of midday Wednesday, endorsements had come from over 90 percent of House Democrats, including Speaker Emerita Nancy Pelosi (D-Calif.) and Minority Leader Hakeem Jeffries (D-N.Y.) as well as from every Democratic governor and every Democratic U.S. senator except for Jon Tester (D-Mont.) and Bob Menendez (D-N.J.) (who was just convicted on charges related to an international bribery scheme and announced plans to resign from Congress.)

Also supporting Harris are major organizations that are allied with the party (limited, of course, to those permitted under FEC rules to endorse political candidates). Among them are major labor unions like SEIU and IBEW, advocacy shops like Emily’s List and Gen Z for Change, and civil rights groups like UnidosUS and the Human Rights Campaign.

And in a signal of the popularity of a reconfigured Democratic ticket led by the vice president, her campaign announced that a record breaking sum in excess of $100 million was raised between Saturday afternoon and Tuesday morning with mostly small-dollar contributions from 1.1 million supporters, 60 percent of whom were first-time donors.

The journey toward Harris’s nomination began with the president’s shaky performance against Trump during the televised CNN debate on June 27, which led to a chorus of calls for the 81-year-old to step aside as polls showed he had no clear path to winning the race.

By and large, the Democratic donors, celebrities, and elected officials who pushed for a new ticket did so despite their admiration and affinity for Biden and respect for his record as president. Within the party and beyond, his decision to walk away was celebrated as a patriotic sacrifice of personal ambition for the good of the country.

After Biden backed Harris, she visited campaign headquarters in Wilmington, Del., on Monday, where she delivered remarks about how she will parlay her experience as a prosecutor who went after “predators” and “fraudsters” into her work arguing the case against Trump and ultimately defeating him in November.

Harris also reaffirmed her loyalty to and kinship with Biden while reassuring campaign staff, who had just weathered — by far (at least, so far) — the rockiest period of the 2024 cycle.

“I know it’s been a rollercoaster, and we’re all filled with so many mixed emotions about this,” she said, adding, “I just have to say: I love Joe Biden.”

The president, who was isolating and recovering from COVID-19 at his home in Rehoboth Beach, Del., called in to the event with words of support and encouragement for the team and for Harris, to whom he said, “I’m watching you, kid,” and “I love ya.”

The next day, Harris headlined a rally in the key battleground state of Wisconsin, where the reception she received was widely described as palpably energetic and enthusiastic, especially when compared to similar campaign affairs prior to the vice president’s emergence this week as the presumptive Democratic nominee.

Putting aside voters’ apparent enthusiasm for her candidacy, the massive uptick in fundraising dollars, the rapid coalescence of support for her nomination from virtually the entire Democratic Party along with the various affiliated interests and entities, and the deftness with which she navigated an especially fraught conflict of which she was in the very center both personally and politically, any lingering questions about whether Harris has the full suite of skills and attributes of a top-tier candidate for national political office may have dissipated with her performances in these and other recent public appearances.

If, in fact, they persist, concerns about Harris’s ability to rise to the occasion largely stem from her 2020 Democratic presidential primary campaign, which folded ahead of the Iowa caucuses amid criticism that the California Democrat failed to articulate a cohesive and authentic message about her reasons for running and her vision for America.

As San Francisco Chronicle Washington Correspondent Shira Stein said during Jake Tapper’s CNN program on Tuesday, Harris has sharpened her skills as a politician over the past four years as she has served as vice president.

The political landscape has also shifted in ways that seem more broadly favorable to her candidacy in 2024. For example, voters might be more receptive to a nominee who built her career as a smart-on-crime prosecutor now that conversations about justice in policing are less salient than they were in the aftermath of George Floyd’s murder while concerns about public safety are now more ascendant.

The 2020 campaign aside, to the extent that Harris may have other handicaps — missteps while in office, controversial elements of her prosecutorial record, her perceived shortcomings as a candidate — they are, largely, already known, Stein said. “She’s been in political life for quite a long time.”

Far less clear is what the polls will look like over the months ahead as Harris reintroduces herself to voters and the dust settles from recent events that have caused tremendous upheaval in the 2024 race, including Biden’s departure from the ticket.

Vice President Kamala Harris speaks with members of staff at the Eisenhower Executive Office Building. (Washington Blade photo by Michael Key)

LGBTQ groups and leaders back Harris while thanking Biden

In written statements and public remarks over the past few days, LGBTQ leaders and organizations highlighted Biden and Harris’s records advancing rights and protections for the community, touted their administration’s legacy as the most pro-LGBTQ in history. (Washington Blade editor and co-owner Kevin Naff published an op-ed Wednesday titled, “Joe Biden, our fiercest ally“.)

They voiced confidence in Harris’s vision for building on that progress over the next four years and chronicled the ways in which she — in her roles as San Francisco district attorney, California attorney general, U.S. senator, and vice president — had a hand in many of the major milestones in the fight for LGBTQ civil rights that were won over the past few decades, from the legalization of same-sex marriage to ending the so-called “gay and trans panic defense.”

Several who spoke out to support Harris noted that she would be the first Black woman and the first South Asian presidential nominee to lead a major party ticket, having previously broken barriers throughout her career in elected office.

“We are deeply grateful to President Biden for his more than 50 years of public service and his longtime support for the LGBTQ+ community,” HRC President Kelley Robinson said. “Today’s announcement reflects what President Biden has done his entire career and will be core to his legacy: Putting the needs of Americans and his country above his own.”

“We owe the Biden-Harris team a debt of gratitude for leading the country out of a state of chaos and constant crisis under former President Trump,” she said. “And the Human Rights Campaign endorses the tough, formidable, and experienced Vice President Kamala Harris for president. Vice President Harris has the support of millions of Americans, as primary voters have already made the decision to put her on the ticket.” 

Robinson said, “Vice President Kamala Harris is a trailblazer and has been a champion for LGBTQ+ equality for decades: from leading the fight in San Francisco against hate crimes and her work in California to end the so-called gay and transgender ‘panic defense’ to her early support for marriage equality and her leadership serving as our vice president.” 

“Convicted felon Donald Trump has already shown that he aims to destroy democracy and divide the country in his quest for power,” she said. “Vice President Kamala Harris is a true champion of unity and accountability – and will fight for a country where no one is above the law and ‘justice for all’ means something.”

HRC, Robinson wrote, “could not be prouder to endorse Vice President Kamala Harris and commit to channeling our resources and supporters to work to elect the first Black and South Asian woman president of the United States.”

LGBTQ+ Victory Institute President Annise Parker said her organization “commends President Joe Biden on leading the most progressive and inclusive presidential term in American history” under which “LGBTQ+ people have received a record number of federal appointments, including cabinet members, judges and around 14 percent of political appointments.”

“His dedication to supporting LGBTQ+ communities and championing pro-equality legislation and executive action has created the most inclusive and affirming administration our country has ever seen,” Parker said. “And, despite attacks on LGBTQ+ liberties in state governments nationwide, the Biden administration has reinforced its dedication to LGBTQ+ equality through action.”

“We are sincerely grateful for President Biden’s leadership, partnership and service to our nation,” she said. “We know we have a trusted ally in Vice President Kamala Harris who works tirelessly toward full LGBTQ+ equality.”

Noting how Harris’s identity would make her nomination historic for the party and the country, Parker said she “is an enthusiastic supporter of pro-equality policies and LGBTQ+ communities” and added that “the record-breaking LGBTQ+ inclusivity of the Biden/Harris administration will continue under Harris’ leadership” while “the possibility that someone like Secretary of Transportation Pete Buttigieg could be her running mate is monumental.”

“The prospect of a Harris/Buttigieg ticket would be a watershed moment in our decades-long efforts to make all levels of government more inclusive and could be the most historic Presidential ticket ever in our nation,” she said.

National LGBTQ+ Task Force Action Fund Executive Director Kierra Johnson said: “We are grateful for President Biden’s decades of service and allyship to LGBTQ communities — and for everything his administration has done to move our community forward. 

“At this critical moment for our democracy and our freedoms, we have both hope and excitement for Vice President Kamala Harris and what she can do for our country. We fully expect a continued commitment to always putting our communities first.

We now recommit to moving forward in the democratic process, the upcoming convention and the November elections.

The Task Force action fund calls on LGBTQ+ people and our allies to take action and engage in the political process. Only through a show of voting power in the Nov. 5 election will we begin building the democracy we deserve.”

Gay U.S. Rep. Mark Takano (D-Calif.), who on Saturday became the 36th Democrat on Capitol Hill to call for Biden to exit the race, urged the president to hand “the torch to Vice President Harris as the Democratic Party presidential nominee.”

“It has become clear to me that the demands of a modern campaign are now best met by the Vice President, who can seamlessly transition into the role of our party’s standard bearer,” he wrote.

Another gay Democrat in the California delegation, U.S. Rep. Robert Garcia, told Lesley Marin of CBS News on Monday that “we’re going to unite behind Vice President Harris,” noting “the incredible record that she’s been a partner of,” which has included “lowering the price of insulin, infrastructure, investments in climate change, [and] her incredible work in protecting women’s right to choose.”

“At the same time, she’s a prosecutor,” Garcia said. “Look at her work as attorney general. She’s going to prosecute the case against Donald Trump.”

U.S. Rep. Mark Pocan (D-Wis.), the openly gay chair of the Congressional Equality Caucus, also spoke in support of Harris during an interview with CBS News Sunday, arguing that “She’s ready to win Wisconsin,” which is “one of those pivotal states” along with Michigan and Pennsylvania that “are on the top of the list” for Democrats to win in November.

Harris has “the energy to run around the state and do all the campaigning and show that contrast with” the Republican nominee who is “old” and “tired,” the congressman said, using an argument against Trump that has been rolled out by a number of Democrats following Biden’s withdrawal from the race on Sunday.

The vice president will be especially effective in relaying to voters how Trump’s appointment of three conservative justices to the U.S. Supreme Court during his first term led to a decision revoking constitutional protections for abortion that were in place since Roe v. Wade was decided in 1973, Pocan said. As a result, he added, “now we are in 1849 law in Wisconsin” with respect to reproductive rights.

An ally both politically and personally

In a written statement to the Blade, Harris for President Senior Spokesperson Kevin Munoz said, “Vice President Harris has been a steadfast ally and fighter for LGBTQ+ Americans since her early days in office.”

He added, “Like President Biden, she’s never shied away from fighting for us, as demonstrated by her record throughout her time in public service, as well as being a part of the most pro-LGBTQ+ administration in history. Vice President Harris has had the LBGTQ+ community’s back, and this November, we’ll have hers.”

High-profile LGBTQ officials serving in the Biden-Harris government include Buttigieg, U.S. Department of Health and Human Services Assistant Secretary for Health Rachel Levine, and Ben LaBolt and Karine Jean-Pierre, who respectively serve as communications director and press secretary for the White House.

Two gay men who were on her staff prior to her election as vice president spoke with the Blade for a story in June that accompanied the newspaper’s exclusive interview with Harris. Munoz and Sergio Gonzales, senior advisor to Harris and the campaign, were among the six LGBTQ aides and officials who participated in a three-part profile series last year (during which time the operation in Wilmington was far leaner than it is now.)

Those who are close with the vice president (or those who follow her speeches closely) understand she has deep ties to the community and treasured relationships with LGBTQ friends and colleagues like Jim Rivaldo, a political consultant who helped elect gay rights pioneer Harvey Milk before leading Harris to victory in her first district attorney’s race in 2003.

As vice president, Harris not only shared in the credit for her administration’s pro-LGBTQ wins while maximizing representation from the community in positions of power and influence in American government, but she also found ways to signal her support through other personal, individual means.

For example, Harris in 2022 became the first sitting VP to host a Pride month celebration at the vice presidential residence at the Naval Observatory, which became an annual tradition under her tenure.

Rosenberg Foundation President Tim Silard, who worked under Harris when she was San Francisco district attorney, shared a statement with the Blade by text voicing his support for her candidacy.

“Vice President Harris will be the most outstanding President in my lifetime,” he said. “She has been an unwavering champion of the LGBTQ community, fighting to make all of our families safer and expanding civil rights and our opportunities to thrive.”

Silard added, “I know she will take on bullies at home and abroad and bring our nation together in new and exciting ways. I could not be prouder to support her and will do anything I can to help elect her.”

Vice President Kamala Harris makes an appearance with second gentleman Doug Emhoff at the main stage of the 2022 Capital Pride Festival. (Washington Blade file photo by Michael Key)
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HRC slams White House over position opposing gender affirming surgeries for minors

‘Biden administration is flat wrong on this’

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Human Rights Campaign President Kelley Robinson (Washington Blade photo by Michael Key)

Human Rights Campaign President Kelley Robinson issued a strong rebuke on Tuesday of the Biden-Harris administration’s position opposing gender affirming surgeries for minors.

The New York Times reported on June 28 that the White House, which broadly supports making medical interventions available for transgender youth, had expressed opposition to surgeries for patients under 18, having previously declined to take a specific position on the question.

“Health care decisions for young people belong between a patient, their family, and their health care provider. Trans youth are no exception,” Robinson responded. 

“The Biden administration is flat wrong on this. It’s wrong on the science and wrong on the substance. It’s also inconsistent with other steps the administration has taken to support transgender youth. The Biden administration, and every elected official, need to leave these decisions to families, doctors and patients—where they belong,” she added. “Although transgender young people make up an extremely small percentage of youth in this country, the care they receive is based on decades of clinical research and is backed by every major medical association in the U.S. representing over 1.3 million doctors.”

Robinson said the “administration has committed to fight any ban on healthcare for transgender youth and must continue this without hesitation—the entire community is watching.” 

“No parent should ever be put in the position where they and their doctor agree on one course of action, supported by the overwhelming majority of medical experts, but the government forbids it,” she added.

HRC is a prominent backer of Biden’s 2024 reelection campaign, having pledged $15 million to support efforts in six battleground states. The organization has a strong relationship with the White House, with the president and first lady headlining last year’s National Dinner.

A White House spokesperson declined to respond to Robinson’s statement.

Campaign for Southern Equality President Allison Scott also issued a statement.

“This is a cowardly statement from an administration that promised to support transgender people. It is a troubling concession to the right-wing assault on transgender Americans, falling for their false narratives about surgical care and betraying a commitment to equality and trust in the medical community,” said Scott.

“Let’s be very, very clear: Government has no business inserting itself into private medical decisions that should be exclusively between patients, their providers, and the patients’ parent or guardian,” Scott added.

“It is dangerous to begin endorsing categorical bans or limits on healthcare, and there is no justification for restricting transgender youth’s access to the very same care that many cisgender youth receive every year — that’s literally the definition of discrimination,” Scott concluded. “We demand the Biden administration retract this thoughtless statement and work to undo its damage.” 

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Jill and Ashley Biden headline White House Pride celebration

First lady celebrated historic pardons of LGBTQ veterans

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First lady Jill Biden speaks at the White House Pride event on June 26, 2024. (Washington Blade photo by Michael Key)

First lady Jill Biden and the president and first lady’s daughter, Ashley Biden, headlined the White House Pride celebration on the South Lawn on Wednesday, followed by a performance by singer and actress Deborah Cox.

“My dad has built the most pro-equality administration” in history, Ashley Biden said, crediting the work of LGBTQ people of color like Marsha P. Johnson, a prominent figure in the Stonewall uprising of 1969, as well as “so many of you [who] have continued to lead their fearless fighting against against injustice here and around the world.”

She introduced her mother as “the woman who taught me to be myself up showed me in so many ways how I can make a difference” and who “works every single day, tirelessly, to ensure that all people have the opportunities and freedoms that they deserve.”

“I hope that all of you feel that freedom and love on the South Lawn today,” Jill Biden said.

Her remarks were briefly interrupted by a protestor’s chants of “no Pride in genocide,” which was drowned out by chants of “four more years.”

The first lady noted how many of the attendees came “here from states that are passing laws targeting LGBTQ Americans.”

“There are those who see our communities and our families and wish to tear them down,” she said, “those who can’t see that the world is so much bigger and [more] beautiful than they know — but when our homes are threatened, when they strip away our rights, and deny our basic humanity, we say, ‘not on our watch.'”

“Pride is a celebration, but it is also a declaration,” the first lady said, highlighting the U.S. Supreme Court’s ruling in Obergefell v. Hodges nine years ago, which established marriage equality as the law of the land.

She then credited the accomplishments of the Biden-Harris administration on matters of LGBTQ rights, including the repeal of the previous administration’s ban on military service by transgender servicemembers and the FDA’s loosening of restrictions on blood donation by gay and bisexual men.

The first lady also celebrated the president’s announcement earlier on Wednesday that he will pardon LGBTQ veterans who were discharged and court martialed because of their sexual orientation or gender identity.

“We will never stop fighting for this community,” she said.

First lady Jill Biden and daughter, Ashley Biden, attend the White House Pride celebration on June 26, 2024. (Washington Blade photo by Michael Key)
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HISTORIC: Biden pardons discharged LGBTQ veterans

Announcement coincided with annual White House Pride event

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President Joe Biden (Screen capture/YouTube)

President Joe Biden on Wednesday issued historic pardons for military service members who were discharged over their sexual orientation or gender identity under discriminatory policies of the past, like “Don’t Ask, Don’t Tell.”

“Our nation’s service members stand on the frontlines of freedom, and risk their lives in order to defend our country,” he said in a statement. “Despite their courage and great sacrifice, thousands of LGBTQI+ service members were forced out of the military because of their sexual orientation or gender identity.”

“Some of these patriotic Americans were subject to court-martial, and have carried the burden of this great injustice for decades,” the president said.

“As commander-in-chief, I am committed to maintaining the finest fighting force in the world. That means making sure that every member of our military is safe and respected — so they can focus on their mission,” he said.

“This is about dignity, decency, and ensuring the culture of our Armed Forces reflect the values that make us an exceptional nation,” Biden said. “We have a sacred obligation to all of our service members — including our brave LGBTQI+ service members: to properly prepare and equip them when they are sent into harm’s way, and to care for them and their families when they return home.”

“Today we are making progress in that pursuit.”

The president also issued a Proclamation on Granting Pardon for Certain Violations of Article 125 Under the Uniform Code of Military Justice, which specifies that “the Military Departments (Army, Navy, or Air Force), or in the case of the Coast Guard, the Department of Homeland Security, in conjunction with the Department of Justice, shall provide information about and publicize application procedures for certificates of pardon.”

Veterans who were discharged for their sexual orientation or gender identity are barred from accessing benefits through the U.S. Department of Veterans Affairs.

Senior administration officials explained during a call with reporters on Tuesday that veterans who obtain certificates of pardon will be able to petition for a change in their discharge status, which can facilitate their access to benefits.

Officials on Tuesday’s call said they will proactively reach out to these service members to make them aware of the president’s clemency action and to connect them with pro-bono attorneys who can help them navigate the process.

“We intend, and have intended, to design this process in a way where people do not need attorneys to go through it, and we think it is easily accessible, but we also recognize that for some people, that would be beneficial, and so are busy at work trying to make those connections happen,” an official said.

The officials did not address a question from the Washington Blade about whether LGBTQ groups including those representing LGBTQ veterans were involved in the administration’s work leading up to the president’s issuance of the pardons, but several organizations celebrated the announcement on Wednesday.

“We applaud President Biden for taking action today, and the Biden-Harris administration’s efforts to address this historic injustice that impacted thousands of LGBTQ+ people in the military for decades, with the effects still felt by many to this day,” said Human Rights Campaign President Kelley Robinson.

“This move to rightfully restore reputations lost and gratitude owed to service members who were punished for who they loved is long overdue, and a significant step in the right direction,” she said.

GLAAD President Sarah Kate Ellis wrote on social media, “Today’s move by President Biden to pardon LGBTQ service members who were unfairly forced out of the military under the discriminatory ‘Don’t Ask, Don’t Tell’ is his administration’s 343rd pro-LGBTQ action. It is an important signal not only to the thousands of brave LGBTQ Americans who deserved better for defending our country but to all who understand that diversity, respect, and inclusion are American values.”

The Congressional Equality Caucus released a statement from the chair, U.S. Rep. Mark Pocan (D-Wis.): “I thank President Biden for taking this important step to right the wrongs of the past and restore honor to LGBTQI+ Americans who bravely served their nation in uniform.” 

“This is an important step forward in addressing the wrongs of anti-equality policies like ‘Don’t Ask, Don’t Tell,’ and I urge the Military Departments to ensure these pardons are processed as swiftly as possible,” the congressman said. “I am committed to building upon this important action, including by passing my Restore Honor to Service Members Act into law to ensure that the service and sacrifice of every veteran is honored, regardless of who they are or who they love.”

“PFLAG families have advocated for the dignity and respect due our LGBTQ+ heroes in uniform since the dark days of ‘Don’t Ask, Don’t Tell,’ and the shadow discharges that predated that discriminatory policy,” said PFLAG National CEO Brian K. Bond.

“As someone who worked on repeal during the Obama-Biden administration I met incredible patriots that just wanted to serve their country,” he said. “Thank you to the Biden-Harris administration and those who continue to fight for military families’ freedom to serve. This welcomed day is long overdue for thousands of LGBTQ+ veterans and their families.”

Lawyers for a group of LGBTQ veterans who are plaintiffs in Farrell v. Department of Defense also released a statement:

“We applaud President Biden and his administration for today’s announcement pardoning approximately 2,000 LGBTQ+ veterans who were court-martialed under ‘Don’t Ask, Don’t Tell’ and similar policies. This is a necessary and important step in recognizing and remediating the harms — that still exist today — caused by these policies, despite their repeals.

“While the pardons represent an important milestone, we must emphasize that there is still critical work to be done. Those pardoned will still need to obtain new discharge papers from the Department of Defense, which are essential for accurately reflecting their service and accessing veterans’ benefits. And, of course, there are tens of thousands of other veterans who continue to suffer the ongoing stigma of their discriminatory discharge. 

“We will continue to vigorously litigate our case, Farrell v. Department of Defense, to ensure that all LGBTQ+ veterans who were wrongfully discharged from the military based on sexual orientation receive upgraded discharge papers with all indicators of sexual orientation removed. This remains a critical step for these veterans to receive the honor and status they rightfully deserve, having served our country with dignity and integrity.”

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Jill Biden to host White House Pride celebration

Event to take place on June 26

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First lady Jill Biden (Washington Blade photo by Michael Key)

First lady Jill Biden will host the White House Pride Month celebration on June 26, according to a press release previewed by the Washington Blade.

The party on the South Lawn will also feature a performance by singer, songwriter, actress, and record producer Deborah Cox and musical selections by DJ Trifle.

This year’s event comes on Equality Day this year, which honors the anniversaries of three landmark U.S. Supreme Court decisions that expanded rights and protections for LGBTQ Americans: Lawrence v. Texas (2003), which struck down sodomy laws, United States v. Windsor (2013), which struck down the Defense of Marriage Act, and Obergefell v. Hodges (2015), which made marriage equality the law of the land.

The White House highlighted some of the “historic action” taken by President Joe Biden to “advance LGBTQ+ equality for the community,” including:

  • Signing into law the landmark Respect for Marriage Act which protects the rights of same-sex and interracial couples;
  • Appointing a historic number of LGBTQI+ and transgender appointees, including the first transgender American to be confirmed by the U.S. Senate;
  • Directing all federal agencies to strengthen civil rights protections on the basis of gender identity, resulting in agencies working to strengthen protections in housing, health care, education, employment, the criminal justice system, nutrition programs, and more;
  • Reversing the ban on open service by transgender members of the military;
  • Signing an executive order focused on LGBTQI+ children and families that directs agencies to address the dangerous and discredited practice of so-called “conversion therapy” and finalized rule-making that ends disparities that LGBTQI+ children and parents face in the child welfare and foster care system and protects against disparities in health care; and
  • President Biden continues to call on Congress to pass the Equality Act to enshrine civil rights protections for LGBTQI+ Americans in federal law.

Last year, the president and the first lady hosted the celebration, which was the largest Pride event ever held at the White House.

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