January 3, 2025: President Biden and Vice President Harris have been instrumental in remedying historical injustices and advancing equality for LGBTQI+ Americans. Today, the White House is recognizing the Biden-Harris Administration’s historic track record as the most pro-equality Administration in American history:
- Enshrining the right to marriage in Federal law. The Respect for Marriage Act enshrined into law the right to Federal recognition of marriage for same-sex and interracial couple, repealing the Defense of Marriage Act. This legislation strengthened civil rights protections and ensured that the promise of equality is promised to all families. The right to marriage confers vital legal protections, dignity, and full participation in our society.
- Protecting LGBTQI+ service members and veterans. In October 2024, the Department of Defense (DOD) announced that it concluded its proactive review of discharge records for former Service members who had received a less than honorable discharge due to their sexual orientation under Don’t Ask, Don’t Tell. As a result of DOD’s new actions, 96% of individuals were administratively separated on the basis of their sexual orientation and who served for long enough to receive a merit-based characterization of service now have an honorable discharge. In addition, this past spring, the Department of Veterans Affairs (VA) expanded access to care and benefits for some former Service members who received a less than honorable discharge based on homosexual conduct. Furthermore, in June 2024, President Biden issued a categorical pardon for certain former Service members convicted of crimes based on their sexual orientation. And in his first week in office, the President rescinded the discriminatory ban on transgender Service members.
- Supporting community safety and security. In June 2023, the President established the LGBTQI+ Community Safety Partnership. The partnership is a collaboration between the Department of Health and Human Services (HHS), Department of Justice and Department of Homeland Security, which work hand-in-hand with LGBTQI+ community organizations to provide critical safety resources to ensure these organizations can remain safe spaces of the community. Ahead of Pride Month 2024, the partnership released a new guide of key security briefings on these resources through June.
- Advancing a federal blood donation policy based on science, not stigma. The Food and Drug Administration announced a new policy for assessing blood donor eligibility using a set of individual risk-based questions to reduce the risk of transfusion-transmitted HIV. The new police ends identity-based restrictions on blood donations by gay and bisexual me.
- Signing historic Executive Orders. Starting on Day One of his Administration, President Biden signed several historic Executive Orders to prevent and combat discrimination on the basis of gender identity or sexual orientation, and advance equality for LGBTQI+ individuals. These Executive orders formed the bases for dozens of executive actions the Biden-Harris Administration has taken to advance civil rights and improve the lives of LGBTQI+ Americans.
- Implementing a new National HIV/AIDS Strategy. The White House Office of National AIDS Policy launched a revised National HIV/AIDS Strategy that sets bold new national targets to end the HIV epidemic and included transgender people as a priority population for the first time. In September, the White House Office of National AIDS Policy convened the Adelante! Summit to accelerate the nation’s HIV response in Latino communities. Latino gay men now represent the highest number of new HIV cases in the country, according to the U.S. Centers for Disease Control and Prevention.
- Appointing historic LGBTQI+ leaders. The Biden-Harris Administration includes barrier-breaking LGBTQI+ leaders, including the first openly LGBTQI+ Cabinet Secretary, White House Press Secretary, and White House Communications Director, two of the first openly transgender people to ever be confirmed by the U.S. Senate, and the first lesbian to achieve the rank of Ambassador.
- Protecting against discrimination in health care, education, grantmaking, and foster care. The Biden-Harris Administration has finalized a series of rules to offer protections to LGBTQI+ people against discrimination in health care, education, and other areas. The HHS Office for Civil Rights published a final rule under Section 1557 of the Affordable Care Act that guarantees critical protection to LGBTQI+ people against discrimination in health care. The rule protects individuals from discrimination regardless of the type of care they are seeking. Pursuant to decision by courts, some of the rules provisions are stayed or enjoined. Still, the Administration has appealed those decisions and continues to defend the rule.
The Department of Education’s Office for Rights released a final rule under Title IX, which prohibits discrimination on the basis of sex in education programs receiving federal funding and strengthens civil rights protections for all, including for LGBTQI+ students and staff.
Pursuant to federal court orders, the final rule is enjoined in 26 states and in certain schools. Notwithstanding those injunctions, the final rule is in effect in 24 states, the District of Columbia and Puerto Rico. The HHS Office for Civil Rights published a final rule affirming non-discrimination on the basis of gender identity and sexual orientation in HHS-funded programs.
This protects against discrimination in programs such as Head Start, Family Violence Prevention and Service Act grant programs, and the Substance Use Prevention, Treatment and Recovery Services Block Grant, consistent with the U.S. Supreme Court’s decision in Bostock v. Clayton County.
- Strengthening mental health resources and protections for LGBTQ+ youth. To address the disproportionate mental health challenges facing LGBTQI+ youth and young adults to 988, the National Suicide & Crisis Lifeline. In addition, HHS released a final rule, that strengthens protections for LGBTQI+ youth in foster care, who are some of the most vulnerable children in the country, which is expected to protect tens of thousands of LGBTQI+ children in foster care each year.
- New clinical guidelines to prevent STIs. The Centers for Disease Control and Prevention issued guidance for a post-exposure prophylaxis strategy that significantly reduces the risk of bacterial sexually transmitted illnesses (STI’s), particularly among gay and bisexual man and transgender women, marking a critical step forward STI prevention efforts and strengthen the nation’s sexual health response.
- Addressing book bans. The Department of Education’s Office of Civil Rights appointed a Coordinator to advance public understanding of the civil rights and other impacts of book restrictions. The Coordinator leads community-based trainings on the civil rights laws enforced by the Office of Civil Rights. In a blog post, the Coordinator discussed how book bans, which disproportionately target works written by or about members of the LGBTQI+ community and people of color, may create a hostile school environment and implicate federal civil rights laws.
- Historic engagements with the LGBTI+ community. In September, President Biden became the first sitting President to sit down with an LGBTQI+ newspaper, The Washington Blade.
- Promoting human rights for LGBTQI+ people globally. The Special Envoy to Advance the Human Rights of LGBTQI+ Persons is driving rapid response to proposed anti-LGBTQI+ legislation around the world. With the encouragement of the United States, a growing number of nations have decriminalized same-sex conduct, and together, we are working to hold accountable perpetrators of discrimination and abuse. For example, as directed by President Biden, departments and agencies took steps to encourage the repeal of Uganda’s anti-homosexuality act.
