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Biden announces student loan debt relief program

The President’s plan calls for forgiving up to $10,000 in federal student debt for Americans who earn less than $125,000 a year

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President Biden speaking in East Room (Official White House Photo by Erin Scott)

WASHINGTON – President Biden on Wednesday announced a series of actions aimed at reducing student loan debt burdens on thousands of Americans. The President’s plan calls for forgiving up to $10,000 in federal student debt for Americans who earn less than $125,000 a year and $20,000 for Pell grant recipients, as well as extending the federal moratorium on student loan debt payments through December 31st.

California U.S. Senator Alex Padilla reacted to Biden’s announcement saying in a statement:
I applaud President Biden’s historic decision to forgive thousands of dollars in student loan debt, target much needed support to low-income students and graduates, and extend the pause on payments.  For too long, students have shouldered overwhelming student loan debt just to get a fighting chance at the American Dream. Facing tens of thousands of dollars in debt, millions of young Americans spend decades under the weight of significant loan payments—or worse, the devastation of default. But today, hardworking Americans won.

First-generation students and communities of color will now be able to better save for their future and build wealth. Young families will have more flexibility to pay for essentials like childcare, rent, transportation, and food. And tens of millions of Americans will be able to put more of their hard-earned paychecks back into the economy—benefiting everyone.

The President, accompanied by U.S. Education Miguel Cardona, spoke with reporters in the Roosevelt Room in the West Wing Wednesday afternoon. According to White House Press Pool reporter Maureen Groppe, the White House Correspondent for USA TODAY, Biden recounted how his father was ashamed that he couldn’t borrow the money for Biden’s college education. Biden said his father believed, as he does, that education is the ticket to a better way of life. But over time that ticket has become too expensive. 

He said the debt burden is particularly hard on Black & Hispanic borrowers. 

“Now it’s time to address the burden of student debt,” he said. 

Biden said his actions honor his campaign promises. 

“All this means people can finally start crawling out of that mountain of debt,” he said. “When this happens, the whole economy is better off. “

He said the changes provide real benefits for families without a meaningful effect on inflation. 

“It’s a game changer,” he said of permanent changes to loan programs.

He said the administration will hold colleges accountable for jacking up costs. 

“Our goal is to shine a light on the worst actors,” he said. 

Some will think his plan is too much & others will think it’s not enough, he said. 
“I believe my plan is responsible & fair…will fix a badly broken system,” he said. 

He said he will continue to fight for doubling Pell Grants. 

Earlier on Wednesday the White House released details via a press release of the administration’s plan:

This plan offers targeted debt relief as part of a comprehensive effort to address the burden of growing college costs and make the student loan system more manageable for working families. The President is announcing that the Department of Education will:   

  • Provide targeted debt relief to address the financial harms of the pandemic, fulfilling the President’s campaign commitment. The Department of Education will provide up to $20,000 in debt cancellation to Pell Grant recipients with loans held by the Department of Education, and up to $10,000 in debt cancellation to non-Pell Grant recipients. Borrowers are eligible for this relief if their individual income is less than $125,000 ($250,000 for married couples). No high-income individual or high-income household – in the top 5% of incomes – will benefit from this action. To ensure a smooth transition to repayment and prevent unnecessary defaults, the pause on federal student loan repayment will be extended one final time through December 31, 2022Borrowers should expect to resume payment in January 2023.
     
  • Make the student loan system more manageable for current and future borrowers by:
     
    • Cutting monthly payments in half for undergraduate loans. The Department of Education is proposing a new income-driven repayment plan that protects more low-income borrowers from making any payments and caps monthly payments for undergraduate loans at 5% of a borrower’s discretionary income—half of the rate that borrowers must pay now under most existing plans. This means that the average annual student loan payment will be lowered by more than $1,000 for both current and future borrowers. 
       
    • Fixing the broken Public Service Loan Forgiveness (PSLF) program by proposing a rule that borrowers who have worked at a nonprofit, in the military, or in federal, state, tribal, or local government, receive appropriate credit toward loan forgiveness. These improvements will build on temporary changes the Department of Education has already made to PSLF, under which more than 175,000 public servants have already had more than $10 billion in loan forgiveness approved.
       
  • Protect future students and taxpayers by reducing the cost of college and holding schools accountable when they hike up prices. The President championed the largest increase to Pell Grants in over a decade and one of the largest one-time influxes to colleges and universities. To further reduce the cost of college, the President will continue to fight to double the maximum Pell Grant and make community college free. Meanwhile, colleges have an obligation to keep prices reasonable and ensure borrowers get value for their investments, not debt they cannot afford. This Administration has already taken key steps to strengthen accountability, including in areas where the previous Administration weakened rules. The Department of Education is announcing new efforts to ensure student borrowers get value for their college costs.

Provide Targeted Debt Relief, Fulfilling the President’s Campaign Commitment

To address the financial harms of the pandemic for low- and middle-income borrowers and avoid defaults as loan repayment restarts next year, the Department of Education will provide up to $20,000 in loan relief to borrowers with loans held by the Department of Education whose individual income is less than $125,000 ($250,000 for married couples) and who received a Pell Grant. Nearly every Pell Grant recipient came from a family that made less than $60,000 a year, and Pell Grant recipients typically experience more challenges repaying their debt than other borrowers. Borrowers who meet those income standards but did not receive a Pell Grant in college can receive up to $10,000 in loan relief.

The Pell Grant program is one of America’s most effective financial aid programs—but its value has been eroded over time. Pell Grant recipients are more than 60% of the borrower population. The Department of Education estimates that roughly 27 million borrowers will be eligible to receive up to $20,000 in relief, helping these borrowers meet their economic potential and avoid economic harm from the COVID-19 pandemic.

Current students with loans are eligible for this debt relief. Borrowers who are dependent students will be eligible for relief based on parental income, rather than their own income.

If all borrowers claim the relief they are entitled to, these actions will:

  • Provide relief to up to 43 million borrowers, including cancelling the full remaining balance for roughly 20 million borrowers.
  • Target relief dollars to low- and middle-income borrowers. The Department of Education estimates that, among borrowers who are no longer in school, nearly 90% of relief dollars will go to those earning less than $75,000 a year. No individual making more than $125,000 or household making more than $250,000 – the top 5% of incomes in the United States – will receive relief.
     
  • Help borrowers of all ages. The Department of Education estimates that, among borrowers who are eligible for relief, 21% are 25 years and under and 44% are ages 26-39. More than a third are borrowers age 40 and up, including 5% of borrowers who are senior citizens.
     
  • Advance racial equity. By targeting relief to borrowers with the highest economic need, the Administration’s actions are likely to help narrow the racial wealth gap. Black students are more likely to have to borrow for school and more likely to take out larger loans. Black borrowers are twice as likely to have received Pell Grants compared to their white peers. Other borrowers of color are also more likely than their peers to receive Pell Grants. That is why an Urban Institute study found that debt forgiveness programs targeting those who received Pell Grants while in college will advance racial equity.

The Department of Education will work quickly and efficiently to set up a simple application process for borrowers to claim relief. The application will be available no later than when the pause on federal student loan repayments terminates at the end of the year. Nearly 8 million borrowers may be eligible to receive relief automatically because their relevant income data is already available to the Department.  

Thanks to the American Rescue Plan, this debt relief will not be treated as taxable income for the federal income tax purposes.

To help ensure a smooth transition back to repayment, the Department of Education is extending the student loan pause a final time through December 31, 2022. No one with federally-held loans has had to pay a single dollar in loan payments since President Biden took office.

Make the Student Loan System More Manageable for Current and Future Borrowers

Fixing Existing Loan Repayment to Lower Monthly Payments

The Administration is reforming student loan repayment plans so both current and future low- and middle-income borrowers will have smaller and more manageable monthly payments.

The Department of Education has the authority to create income-driven repayment plans, which cap what borrowers pay each month based on a percentage of their discretionary income. Most of these plans cancel a borrower’s remaining debt once they make 20 years of monthly payments. But the existing versions of these plans are too complex and too limited. As a result, millions of borrowers who might benefit from them do not sign up, and the millions who do sign up are still often left with unmanageable monthly payments.

To address these concerns and follow through on Congress’ original vision for income-driven repayment, the Department of Education is proposing a rule to do the following:

  • For undergraduate loans, cut in half the amount that borrowers have to pay each month from 10% to 5% of discretionary income.
     
  • Raise the amount of income that is considered non-discretionary income and therefore is protected from repayment, guaranteeing that no borrower earning under 225% of the federal poverty level—about the annual equivalent of a $15 minimum wage for a single borrower—will have to make a monthly payment.
     
  • Forgive loan balances after 10 years of payments, instead of 20 years, for borrowers with original loan balances of $12,000 or less. The Department of Education estimates that this reform will allow nearly all community college borrowers to be debt-free within 10 years.
     
  • Cover the borrower’s unpaid monthly interest, so that unlike other existing income-driven repayment plans, no borrower’s loan balance will grow as long as they make their monthly payments—even when that monthly payment is $0 because their income is low.

These reforms would simplify loan repayment and deliver significant savings to low- and middle-income borrowers. For example:

  • A typical single construction worker (making $38,000 a year) with a construction management credential would pay only $31 a month, compared to the $147 they pay now under the most recent income-driven repayment plan, for annual savings of nearly $1,400.
     
  • A typical single public school teacher with an undergraduate degree (making $44,000 a year) would pay only $56 a month on their loans, compared to the $197 they pay now under the most recent income-driven repayment plan, for annual savings of nearly $1,700.
     
  • A typical nurse (making $77,000 a year) who is married with two kids would pay only $61 a month on their undergraduate loans, compared to the $295 they pay now under the most recent income-driven repayment plan, for annual savings of more than $2,800.

For each of these borrowers, their balances would not grow as long as they are making their monthly payments, and their remaining debt would be forgiven after they make the required number of qualifying payments.

Further, the Department of Education will make it easier for borrowers who enroll in this new plan to stay enrolled. Starting in the summer of 2023, borrowers will be able to allow the Department of Education to automatically pull their income information year after year, avoiding the hassle of needing to recertify their income annually.

Ensuring Public Servants Receive Credit Toward Loan Forgiveness

Borrowers working in public service are entitled to earn credit toward debt relief under the Public Service Loan Forgiveness (PSLF) program. But because of complex eligibility restrictions, historic implementation failures, and poor counseling given to borrowers, many borrowers have not received the credit they deserve for their public service.

The Department of Education has announced time-limited changes to PSLF that provide an easier path to forgiveness of all outstanding debt for eligible federal student loan borrowers who have served at a non-profit, in the military, or in federal, state, Tribal, or local government for at least 10 years, including non-consecutively. Those who have served less than 10 years may now more easily get credit for their service to date toward eventual forgiveness. These changes allow eligible borrowers to gain additional credit toward forgiveness, even if they had been told previously that they had the wrong loan type.

The Department of Education also has proposed regulatory changes to ensure more effective implementation of the PSLF program moving forward. Specifically, the Department of Education has proposed allowing more payments to qualify for PSLF including partial, lump sum, and late payments, and allowing certain kinds of deferments and forbearances, such as those for Peace Corps and AmeriCorps service, National Guard duty, and military service, to count toward PSLF. The Department of Education also proposed to ensure the rules work better for non-tenured instructors whose colleges need to calculate their full-time employment.

To ensure borrowers are aware of the temporary changes, the White House has launched four PSLF Days of Action dedicated to borrowers in specific sectors: government employees, educators, healthcare workers and first responders, and non-profit employees. You can find out other information about the temporary changes on PSLF.gov. You must apply to PSLF before the temporary changes end on October 31, 2022.

Protecting Borrowers and Taxpayers from Steep Increases in College Costs

While providing this relief to low- and middle-income borrowers, the President is focused on keeping college costs under control. Under this Administration, students have had more money in their pockets to pay for college. The President signed the largest increase to the maximum Pell Grant in over a decade and provided nearly $40 billion to colleges and universities through the American Rescue Plan, much of which was used for emergency student financial aid, allowing students to breathe a little easier.

Additionally, the Department of Education has already taken significant steps to strengthen accountability, so that students are not left with mountains of debt with little payoff. The agency has re-established the enforcement unit in the Office of Federal Student Aid and it is holding accreditors’ feet to the fire. In fact, the Department just withdrew authorization for the accreditor that oversaw schools responsible for some of the worst for-profit scandals. The agency will also propose a rule to hold career programs accountable for leaving their graduates with mountains of debt they cannot repay, a rule the previous Administration repealed.

Building off of these efforts, the Department of Education is announcing new actions to hold accountable colleges that have contributed to the student debt crisis. These include publishing an annual watch list of the programs with the worst debt levels in the country, so that students registering for the next academic year can steer clear of programs with poor outcomes. They also include requesting institutional improvement plans from the worst actors that outline how the colleges with the most concerning debt outcomes intend to bring down debt levels.

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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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