search
Sections List
American Journal News

Here's how Biden can reverse some of Trump's worst damage to LGBTQ people

The full rollback of Trump’s harmful anti-LGBTQ agenda will take time, but there are things Biden can do immediately.

By Casey Quinlan - December 28, 2020
Share
Joe Biden

President-elect Joe Biden has ambitious plans for LGBTQ equality. Earlier this month, he spoke at the International LGBTQ Leaders Conference and said he and Vice President-elect Kamala Harris “are committed to being the most pro-equality administration in history.”

Biden told Philadelphia Gay News in October that he plans to “immediately reverse discriminatory practices that Trump put in place.” He said he would make the Equality Act, a sweeping federal nondiscrimination bill, a priority in his first 100 days in office and take action to prevent more violence against transgender people.

The damage Donald Trump and his administration have done to LGBTQ people is vast. He has attacked health care access for LGBTQ people, has tried to gut Obama-era nondiscrimination protections for transgender people who need access to shelters, and proposed a rule that makes it harder to have asylum claims granted.

Reversing many of Trump’s harmful policies will be easier said than done, however, experts say. How long it takes all depends on the kind of attack Biden seeks to roll back.

What a Biden administration could tackle immediately

There are some policies Biden can quickly reverse, such as the transgender military ban that officially went into effect in April of last year.

Sharon McGowan, legal director and chief strategy officer for Lambda Legal, said ending the ban should be one of Biden’s first rollbacks.

“We hope and expect the commander-in-chief will very quickly and definitely reverse the Trump administration policy and return to the plan that was there under [Secretary of Defense] Ash Carter that allowed for open service,” McGowan said.

Biden could also remedy problems for married same-sex couples abroad who want their child’s citizenship to be recognized, according to McGowan. Under the Trump administration, the State Department has interpreted immigration and citizenship laws in such a way that requires both parents of a child born outside of the United States to have a biological connection to that child or to be married. But that means same-sex couples living in countries where marriage is not legal are unable to obtain citizenship for their children, even if one of the parents is a United States citizen.

Lambda Legal and Immigration Equality filed a lawsuit on behalf of one such couple, and in August, a federal judge ordered the State Department to recognize the citizenship of that couple’s child, rejecting the State Department’s interpretation of the law.

A new administration could officially change the State Department’s interpretation of the law and make it clear that the children of same-sex couples have the same citizenship rights as any other children.

“They should not only stop fighting these individual cases but clean up the interpretation so it doesn’t come up for other people,” McGowan said. 

The Biden administration could also change survivor benefits for widows and widowers who have also been fighting to have their full rights recognized through the Social Security Administration. The current policy requires people to have been married for at least nine months to receive survivor benefits. Many same-sex couples who lived in states that banned marriage equality before the Supreme Court ruled in favor of it in 2015 were excluded from benefits under this policy.

Some married couples saw a spouse pass away before the nine-month period and other people in long, committed relationships lost their partners before the landmark ruling. McGowan said the Biden administration could implement new policies that would stop denying benefits to people “who are continuing to be affected by this residual marriage discrimination.”

Federal agencies could also act quickly to fully implement the Supreme Court decision in June that said LGBTQ people are protected from employment and other types of discrimination under federal law — something the Trump administration has resisted doing. McGowan said the Justice Department could release a statement clarifying what the “the rules of the road” are for every federal agency under the landmark decision.

Biden could also immediately reverse the Education Department’s decision to roll back Obama administration guidance that affirmed transgender students’ equal access to facilities and activities, according to the New York Times.

There is a long road ahead to reverse Trump’s rules

Although some of Trump’s discriminatory policies have been halted by the courts, others are still in place, have only recently been finalized, or could be finalized before a Biden administration begins. The Trump administration has been moving fast to finalize rules before Biden takes office. The Department of Labor finalized a rule in December that creates a broad religious exemption for federal contractors, allowing them to discriminate against LGBTQ workers on supposedly religious grounds.

The following week, the administration released its final package of rules eliminating protections for nine federal agencies, including the Justice Department and Health and Human Services. The new rules allow faith-based groups and service providers to discriminate against LGBTQ people on supposedly religious grounds.

A final rule, which was first proposed in June and would change the standards asylum seekers need to meet to have their claims granted, was also published this month. Under the new rule, LGBTQ asylum seekers would have a particularly hard time seeking asylum, experts on immigration and LGBTQ rights said earlier this year.

The Trump administration could also complete the final steps in the rule-making process for a Department of Housing and Urban Development policy that encourages discrimination against transgender people at homeless shelters.

Advocates are also watching out for a rule proposed last year by Health and Human Services that removes protections for grant recipients. It would essentially say that groups receiving federal grants from the department, such as foster care providers, can discriminate against LGBTQ families.

“It also erases the explicit requirement that all marriages be treated equally, which is alarming,” said Sharita Gruberg, senior director of the LGBTQ research and communications Project at the Center for American Progress. “They won’t even restate what the law is in terms of protections for same-sex couples.”

The law requires several steps for implementing or reversing new agency rules, so it’s hard to say just how long it will take to reverse all of these dangerous policies. In some cases, Gruberg said, the process can take about a year to complete.

“Given the many things the incoming administration is going to have to do, including the fact that they are coming into a government that has lost a lot of great career staff that do this work, it will take time to do rule-making and for us to have these really terrible policies rescinded,” Gruberg said.

What the incoming Biden administration has working in its favor is the previous administration’s “sloppy” rule-making, she said.

“They weren’t on firm grounds to begin with. We’ve seen that with the numerous injunctions on attacks that have come out from this administration, so that is helpful in process of rescinding these since the prior administration violated the law,” Gruberg explained.

Published with permission of The American Independent Foundation.


Read More
Amid fraught landscape, school districts react differently to transgender sports ban law

Amid fraught landscape, school districts react differently to transgender sports ban law

By Ethan DeWitt, New Hampshire Bulletin - October 04, 2024
Federal judge dismisses challenge to Tennessee law barring K-12 trans kids from restrooms of choice

Federal judge dismisses challenge to Tennessee law barring K-12 trans kids from restrooms of choice

By Anita Wadhwani, Tennessee Lookout - September 27, 2024
Patients hurt by Missouri’s ban on gender-affirming care, providers testify

Patients hurt by Missouri’s ban on gender-affirming care, providers testify

By Annelise Hanshaw, Missouri Independent - September 27, 2024
Republicans pour money into attacking Texas Democrats on LGBTQ+ issues ahead of Election Day

Republicans pour money into attacking Texas Democrats on LGBTQ+ issues ahead of Election Day

By Matthew Choi, The Texas Tribune - September 18, 2024
Beshear signs order banning conversion therapy on Kentucky minors

Beshear signs order banning conversion therapy on Kentucky minors

By Sarah Ladd, Kentucky Lantern - September 18, 2024
Idaho governor signs executive order opposing Title IX protections for LGBTQ+ athletes

Idaho governor signs executive order opposing Title IX protections for LGBTQ+ athletes

By Mia Maldonado, Idaho Capital Sun - August 28, 2024
AJ News
Latest
Minnesota House candidates take far-right stances on birth control and vaccines

Minnesota House candidates take far-right stances on birth control and vaccines

By Jesse Valentine - November 04, 2024
 Competitive Michigan House races feature anti-labor Republican candidates

 Competitive Michigan House races feature anti-labor Republican candidates

By Jesse Valentine - November 01, 2024
In her words: At age 17, DakotaRei escaped Texas to get an abortion

In her words: At age 17, DakotaRei escaped Texas to get an abortion

By Bonnie Fuller - October 31, 2024
Republican Larry Hogan takes in thousands from big pharma in final months of campaign

Republican Larry Hogan takes in thousands from big pharma in final months of campaign

By Jesse Valentine - October 30, 2024
Republican Lori Chavez-DeRemer spent campaign funds on hotel stays, limo services

Republican Lori Chavez-DeRemer spent campaign funds on hotel stays, limo services

By Jesse Valentine - October 30, 2024
Republican Bernie Moreno floats gutting “all” government investments for child care

Republican Bernie Moreno floats gutting “all” government investments for child care

By Jesse Valentine - October 30, 2024
Republicans campaign with Georgia’s Mike Collins despite racially charged remarks

Republicans campaign with Georgia’s Mike Collins despite racially charged remarks

By Jesse Valentine - October 28, 2024
Republican Michigan Legislature candidates backed unpopular abortion restrictions

Republican Michigan Legislature candidates backed unpopular abortion restrictions

By Jesse Valentine - October 28, 2024
Republican Kelly Ayotte’s record shows strong opposition to public school funding

Republican Kelly Ayotte’s record shows strong opposition to public school funding

By Jesse Valentine - October 23, 2024
Texas lawmakers backing school vouchers also pushed far-right education policies

Texas lawmakers backing school vouchers also pushed far-right education policies

By Jesse Valentine - October 23, 2024
Republican Rob Bresnahan endorsed controversial school choice policies

Republican Rob Bresnahan endorsed controversial school choice policies

By Jesse Valentine - October 22, 2024
Indiana Republican Micah Beckwith compared abortion to slavery and the Holocaust

Indiana Republican Micah Beckwith compared abortion to slavery and the Holocaust

By Jesse Valentine - October 16, 2024
Rick Scott’s new ad could land him in hot water with the Department of Defense

Rick Scott’s new ad could land him in hot water with the Department of Defense

By Jesse Valentine - October 15, 2024
Dan Bishop’s tough on crime talk clashes with his votes to deny police funding

Dan Bishop’s tough on crime talk clashes with his votes to deny police funding

By Jesse Valentine - October 08, 2024
Republican Rob Bresnahan invested thousands in company with ties to Chinese military

Republican Rob Bresnahan invested thousands in company with ties to Chinese military

By Jesse Valentine - October 07, 2024
More recordings show Sheehy disparaging Natives, federal government, Tester

More recordings show Sheehy disparaging Natives, federal government, Tester

By Darrell Ehrlick, Daily Montanan - October 04, 2024
Jacky Rosen targeted by GOP groups over discredited stock allegations

Jacky Rosen targeted by GOP groups over discredited stock allegations

By Jesse Valentine - October 04, 2024
Bernie Moreno backed plan to raise health care costs, reward hospital executives

Bernie Moreno backed plan to raise health care costs, reward hospital executives

By Jesse Valentine - October 01, 2024
Two Georgia Moms Are First Women to Die From Abortion Bans

Two Georgia Moms Are First Women to Die From Abortion Bans

By Bonnie Fuller - September 23, 2024
McCormick’s firm invested millions in Iran-linked companies, including weapons manufacturer

McCormick’s firm invested millions in Iran-linked companies, including weapons manufacturer

By Jesse Valentine - September 18, 2024
Senate hopeful Hung Cao backed plan that puts Social Security, veterans’ benefits at risk

Senate hopeful Hung Cao backed plan that puts Social Security, veterans’ benefits at risk

By Jesse Valentine - September 18, 2024
Senate candidate Eric Hovde’s bank financed nursing homes facing abuse accusations

Senate candidate Eric Hovde’s bank financed nursing homes facing abuse accusations

By Jesse Valentine - September 18, 2024
Gov. Gianforte’s mission to ban abortion could be impeded by state referendum

Gov. Gianforte’s mission to ban abortion could be impeded by state referendum

By Jesse Valentine - September 13, 2024
Republican Kelly Ayotte’s opposition to ACA clashes with most voters

Republican Kelly Ayotte’s opposition to ACA clashes with most voters

By Jesse Valentine - September 04, 2024
Laurie Buckhout calls China a threat while holding thousands in China-linked investments

Laurie Buckhout calls China a threat while holding thousands in China-linked investments

By Jesse Valentine - August 23, 2024
Sen. Rick Scott leaves hurricane-ravaged Florida to fundraise and campaign for Trump

Sen. Rick Scott leaves hurricane-ravaged Florida to fundraise and campaign for Trump

By Jesse Valentine - August 21, 2024
Wealthy U.S. Senate candidate Bernie Moreno wants more tax cuts for the rich

Wealthy U.S. Senate candidate Bernie Moreno wants more tax cuts for the rich

By Jesse Valentine - August 21, 2024
Voter registrations in Maine spiked after Harris announced candidacy

Voter registrations in Maine spiked after Harris announced candidacy

By Emma Davis, Maine Morning Star - August 14, 2024
No, Sen. Bob Casey did not invest in a Chinese fentanyl company

No, Sen. Bob Casey did not invest in a Chinese fentanyl company

By Jesse Valentine - August 14, 2024
Republican Eric Hovde’s company drove small businesses into bankruptcy

Republican Eric Hovde’s company drove small businesses into bankruptcy

By Jesse Valentine - August 13, 2024
GOP Rep. Ryan Zinke’s campaign spent cash on fine dining, luxury stays

GOP Rep. Ryan Zinke’s campaign spent cash on fine dining, luxury stays

By Jesse Valentine - August 12, 2024
U.S. House candidate Rob Bresnahan said anti-abortion ruling “did what it should do”

U.S. House candidate Rob Bresnahan said anti-abortion ruling “did what it should do”

By Jesse Valentine - August 06, 2024
Caught on camera: Migrants working on anti-Immigration hardliner Greg Gianforte’s property

Caught on camera: Migrants working on anti-Immigration hardliner Greg Gianforte’s property

By Jesse Valentine - August 05, 2024
Republican Rep. Ken Calvert opposes abortion access for military personnel

Republican Rep. Ken Calvert opposes abortion access for military personnel

By Jesse Valentine - July 29, 2024
Kelly Ayotte hired consultant who pushed controversial Project 2025 agenda

Kelly Ayotte hired consultant who pushed controversial Project 2025 agenda

By Jesse Valentine - July 26, 2024
Trump, MAGA campaign against Harris already laced with misogyny, racism

Trump, MAGA campaign against Harris already laced with misogyny, racism

By Dana Gentry, Nevada Current - July 24, 2024
Republican Sen. Ted Cruz doesn’t want to talk about Texas’ restrictive abortion ban

Republican Sen. Ted Cruz doesn’t want to talk about Texas’ restrictive abortion ban

By Jesse Valentine - July 23, 2024
Republican Tim Sheehy often brags about his business record. His company is in the red.

Republican Tim Sheehy often brags about his business record. His company is in the red.

By Jesse Valentine - July 22, 2024
Big investors are buying up single-family homes. Sen. Sherrod Brown has a plan to stop them.

Big investors are buying up single-family homes. Sen. Sherrod Brown has a plan to stop them.

By Jesse Valentine - July 09, 2024
New Mexico Senate nom Nella Domenici earned up to $1 million renting out Connecticut home

New Mexico Senate nom Nella Domenici earned up to $1 million renting out Connecticut home

By Jesse Valentine - July 08, 2024
GOP’s Mark Robinson blames bad fathers for social ills despite own son’s criminal record

GOP’s Mark Robinson blames bad fathers for social ills despite own son’s criminal record

By Jesse Valentine - July 03, 2024
Kelly Ayotte’s history of backing Medicare cuts could be hurdle in governor’s race

Kelly Ayotte’s history of backing Medicare cuts could be hurdle in governor’s race

By Jesse Valentine - July 02, 2024
Texas Republican Ken Paxton enlisted outside group to gut rights for pregnant workers

Texas Republican Ken Paxton enlisted outside group to gut rights for pregnant workers

By Jesse Valentine - June 24, 2024
Ted Cruz leverages Trump conviction on podcast for own personal gain

Ted Cruz leverages Trump conviction on podcast for own personal gain

By Jesse Valentine - June 11, 2024
Arizona Republican Kari Lake proposes massive cuts to Medicaid and Medicare

Arizona Republican Kari Lake proposes massive cuts to Medicaid and Medicare

By Jesse Valentine - June 10, 2024
Virginia U.S. Senate candidate Hung Cao says workplace diversity is ‘Marxism’

Virginia U.S. Senate candidate Hung Cao says workplace diversity is ‘Marxism’

By Jesse Valentine - June 06, 2024
Republican Bernie Moreno’s rags-to-riches story exposed as a lie

Republican Bernie Moreno’s rags-to-riches story exposed as a lie

By Jesse Valentine - May 24, 2024
What happens to clinics after a state bans abortion? They fight to survive.

What happens to clinics after a state bans abortion? They fight to survive.

By Chabeli Carrazana and Shefali Luthra - May 22, 2024
Former Sen. Kelly Ayotte took job at Caterpillar after tax fraud probe

Former Sen. Kelly Ayotte took job at Caterpillar after tax fraud probe

By Jesse Valentine - May 21, 2024
Alabama OB-GYN residencies dropped over 20% after Dobbs, state abortion ban, says analysis

Alabama OB-GYN residencies dropped over 20% after Dobbs, state abortion ban, says analysis

By Alander Rocha, Alabama Reflector - May 21, 2024
House GOP celebrates National Police Week while pushing to defund local law enforcement

House GOP celebrates National Police Week while pushing to defund local law enforcement

By Jesse Valentine - May 16, 2024
Evolution denier Mark Robinson could reshape North Carolina’s education system

Evolution denier Mark Robinson could reshape North Carolina’s education system

By Jesse Valentine - May 16, 2024
Republican Jay Ashcroft backs anti-abortion clinics that push lies and disinformation

Republican Jay Ashcroft backs anti-abortion clinics that push lies and disinformation

By Jesse Valentine - May 14, 2024
Republican Sam Brown’s assault on teacher unions could backfire

Republican Sam Brown’s assault on teacher unions could backfire

By Jesse Valentine - May 09, 2024
Florida abortion ban puts GOP Rep. Anna Paulina Luna’s anti-choice views in spotlight

Florida abortion ban puts GOP Rep. Anna Paulina Luna’s anti-choice views in spotlight

By Jesse Valentine - May 07, 2024
Trump leaves door open to banning medication abortion nationwide

Trump leaves door open to banning medication abortion nationwide

By Jennifer Shutt, States Newsroom - April 30, 2024
Republican Caroleene Dobson wants Alabama abortion ban to go nationwide

Republican Caroleene Dobson wants Alabama abortion ban to go nationwide

By Jesse Valentine - April 30, 2024
Ohio Gov. DeWine said he didn’t know of millions in FirstEnergy support. Is it plausible?

Ohio Gov. DeWine said he didn’t know of millions in FirstEnergy support. Is it plausible?

By Marty Schladen, Ohio Capital Journal - April 29, 2024
GOP Rep. Zach Nunn suggests laws against hate crime aren’t needed

GOP Rep. Zach Nunn suggests laws against hate crime aren’t needed

By Jesse Valentine - April 15, 2024
GOP Senate candidate Hung Cao blames racial equity for Baltimore bridge tragedy

GOP Senate candidate Hung Cao blames racial equity for Baltimore bridge tragedy

By Jesse Valentine - March 29, 2024
GOP Rep. Jennifer Kiggans donates thousands to far-right extremists

GOP Rep. Jennifer Kiggans donates thousands to far-right extremists

By Jesse Valentine - March 08, 2024
Ohio senate candidate Bernie Moreno: “Absolute pro-life no exceptions.”

Ohio senate candidate Bernie Moreno: “Absolute pro-life no exceptions.”

By Jesse Valentine - March 07, 2024
Anti-China Republicans pocket thousands from Chinese owned conglomerate

Anti-China Republicans pocket thousands from Chinese owned conglomerate

By Jesse Valentine - March 04, 2024
Republican Eric Hovde makes inconsistent statements about family history

Republican Eric Hovde makes inconsistent statements about family history

By Jesse Valentine - February 26, 2024
Republican David McCormick invests millions in website that platforms Holocaust denial

Republican David McCormick invests millions in website that platforms Holocaust denial

By Jesse Valentine - February 09, 2024
Lawmakers will again take up bills expanding, tightening gun laws

Lawmakers will again take up bills expanding, tightening gun laws

By Annmarie Timmins, New Hampshire Bulletin - January 31, 2024
UAW delivers rousing presidential endorsement for Biden over ‘scab’ Trump

UAW delivers rousing presidential endorsement for Biden over ‘scab’ Trump

By Ashley Murray, States Newsroom - January 24, 2024
Republicans Sam Brown and Jeff Gunter sling mud in Nevada senate primary

Republicans Sam Brown and Jeff Gunter sling mud in Nevada senate primary

By Jesse Valentine - January 17, 2024
A Young Texas Woman Almost Died Due To The Texas Abortion Bans – Now She’s Battling To Save Other Women

A Young Texas Woman Almost Died Due To The Texas Abortion Bans – Now She’s Battling To Save Other Women

By Bonnie Fuller - January 10, 2024
Health care legislation preview: Maryland advocates want to focus on access, patients in 2024 session

Health care legislation preview: Maryland advocates want to focus on access, patients in 2024 session

By Danielle J. Brown, Maryland Matters - January 08, 2024
How GOP senate hopefuls try to excuse the  January 6 insurrection

How GOP senate hopefuls try to excuse the  January 6 insurrection

By Jesse Valentine - January 05, 2024
NH lawmakers will be taking up major voting bills this year. Here are some to watch for.

NH lawmakers will be taking up major voting bills this year. Here are some to watch for.

By Ethan DeWitt, New Hampshire Bulletin - January 04, 2024
Republican US Senate candidates want to make Trump’s tax cuts permanent 

Republican US Senate candidates want to make Trump’s tax cuts permanent 

By Jesse Valentine - December 22, 2023
Rand Paul went all in on the Kentucky governor’s race. It didn’t work.

Rand Paul went all in on the Kentucky governor’s race. It didn’t work.

By - December 15, 2023
Texas governor and attorney general do little to curb state’s chemical plant crisis

Texas governor and attorney general do little to curb state’s chemical plant crisis

By Jesse Valentine - December 08, 2023
Likely GOP Senate candidate Eric Hovde proposed tax hike for poorer workers and retirees

Likely GOP Senate candidate Eric Hovde proposed tax hike for poorer workers and retirees

By Jesse Valentine - December 07, 2023
Whitmer signs specific criminal penalties for assaulting health care workers into law

Whitmer signs specific criminal penalties for assaulting health care workers into law

By Anna Liz Nichols, Michigan Advance - December 06, 2023
105 Republicans voted to expel Santos for things Trump has also done

105 Republicans voted to expel Santos for things Trump has also done

By Jesse Valentine - December 05, 2023
For Texas Sen. Ted Cruz, another Trump term is another chance to kill Obamacare

For Texas Sen. Ted Cruz, another Trump term is another chance to kill Obamacare

By Jesse Valentine - December 04, 2023
Florida Sen. Rick Scott backs Donald Trump in revived push to repeal Obamacare

Florida Sen. Rick Scott backs Donald Trump in revived push to repeal Obamacare

By Jesse Valentine - November 30, 2023
Tate Reeves took donations from power company that hiked customer rates

Tate Reeves took donations from power company that hiked customer rates

By Jesse Valentine - November 06, 2023
Daniel Cameron ran on depoliticizing the Kentucky AG’s office. He made it more political.

Daniel Cameron ran on depoliticizing the Kentucky AG’s office. He made it more political.

By Jesse Valentine - November 03, 2023
Republican operatives sound every alarm on current trajectory of 2023 governor’s race

Republican operatives sound every alarm on current trajectory of 2023 governor’s race

By Adam Ganucheau, Mississippi Today - October 24, 2023
PEN America: Florida removed more library books than any state last year

PEN America: Florida removed more library books than any state last year

By Jay Waagmeester, Florida Phoenix - November 01, 2024
Trump more than ever mixes anger, fear and insults to stir supporters, say researchers

Trump more than ever mixes anger, fear and insults to stir supporters, say researchers

By Ashley Murray, States Newsroom - November 01, 2024
Louisiana health care providers sue state, claiming misoprostol law violates constitution

Louisiana health care providers sue state, claiming misoprostol law violates constitution

By Lorena O'Neil, Louisiana Illuminator - October 31, 2024