Florida: Jacksonville Passes LGBTQ Protections AGAIN

For the second time, the City Council of Jacksonville, Florida, approved adding sexual orientation and gender identity to its non-discrimination ordinance. This is the second time the City Council has approved the legislative move. Back in 2017, when the amendments were initially approved by a vote of 12-6, the virulently anti-LGBTQ law group the Liberty Counsel filed a lawsuit to overturn the human rights protections. Because, of course, they did. Last month, the Liberty Counsel won its lawsuit in the First District Court of Appeals based on a ‘legislative technicality.’ The court didn’t rule on the issue of discrimination against LGBTQs in the areas of housing, employment or public accommodations. Instead, the victory came because the city didn’t follow a strict procedure that requires a period of public notification about the changes to the ordinance. When the amendments were announced, the city listed the 28 sections of the non-discrimination ordinance that would be amended and noted that the terms “sexual orientation” and “gender identity” would be added.

“Section 2. Amending Sections 60.105, 400.101, 400.301, 402.102, 402.107(g)(1), 402.107(g)(3), 402.201, 402.202, 402.203, 402.204, 402.206, 402.210, 402.211, 406.102, 406.104(g)(1), 406.104(g)(3), 406.201, 408.102, 408.204, 408.401, 408.402, 408.403, 408.404, 408.406, and 408.407, Ordinance Code.”

“The foregoing sections of the Ordinance Code are hereby amended as follows: wherever protected categories are listed, that sexual orientation and gender identity, as defined in Section 3 below, shall be added to the list.”

But according to state law, such changes require the re-publishing of the full text of the Ordinance Code with the new language inserted. The appellate court panel of judges voted 3-0 in favor of the Liberty Counsel’s argument. At the time, the Liberty Counsel’s Mat Staver gloated over the ruling writing, “The citizen plaintiffs were injured by the city’s deceptive practice in presenting the HRO for passage, and that this deceptive practice of not revealing the intent and scope of the law invalidates it.” And so, on Tuesday, the Jacksonville City Council essentially approved the exact same amendments to the Ordinance Code making sure to cross every ’T’ and dot every ‘I.’ Florida Politics reports the vote was treated as such a formality that no council members spoke on the bill before passage. In 2015, Jacksonville had one of the worst ratings on LGBTQ rights in a major city, according to the Human Rights Campaign, garnering a low 23 out of 100. Since adding the protections, the city now scores a 79 out of 100. In related news, the Republican National Committee has announced Jacksonville will host Donald Trump’s acceptance of his party’s nomination for reelection. It’s hard to overlook the irony that a city so dedicated to protecting LGBTQ citizens will now play host to a president who has repeatedly attacked that same community in so many ways including allowing adoption agencies to deny placement of children with gay couples, banning transgender people from serving in the military, opposing The Equality Act, and urging the Equal Employment Opportunity Commission to reverse Obama-era policies of protecting LGBTQ people in the workplace. But the GOP, in an announcement so laughable it borders on parody, recently declared Trump has “taken unprecedented steps to protect the LGBTQ community.” Stop, stop – oh, my sides…ROTFL

Same-Sex Spouses (Finally) Win Equal Access To Social Security Benefits

A couple kisses following a same-sex marriage ceremony

(image via Depositphotos)
A federal judge ruled on Wednesday that the Social Security Administration (SSA) can’t deny survivor benefits to same-sex couples who were unable to be married for the required nine months due to gay marriage bans. Even though marriage equality became the law of the land in June of 2015, some same-sex couples still found a discriminatory barrier in their way when applying for spousal benefits. Lambda Legal brought a class action lawsuit, Ely v. Saul, which included the case of Michael Ely. Ely met James Taylor (not the famous musician) in 1971 in California. After 20 years together, the couple moved to Tucson, Arizona, where Taylor found work as a jet mechanic and Ely maintained their home. Although same-sex marriage wouldn’t arrive in Arizona for several more years, the two men had a commitment ceremony in 2007. And when the state’s marriage laws changed in late 2014, after being together for 43 years, Ely and Taylor exchanged marriage vows and became legally married. But six months later, Taylor would lose his battle with cancer. SSA denied Ely survivor’s benefits for not being married for nine months, even though that was legally impossible for him in Arizona. James Obergefell, the plaintiff in the landmark Supreme Court case Obergefell v. Hodges that ultimately made same-sex marriage legal everywhere in the U.S., was also a plaintiff in Ely v. Saul. Mr. Obergefell didn’t qualify for a lump-sum benefit from the SSA because when his husband, John Arthur, died they had only been legally married for three months due to Ohio’s marriage laws. Even though they were together 20 years, 9 months and 22 days, their three-month marriage wasn’t enough for the SSA.

But Judge Bruce G. Macdonald’s decision in the U.S. District Court of Arizona changed all that. Macdonald wrote in his ruling: “Because same-sex marriage is a fundamental right, and the underpinnings of the duration-of-marriage requirement has relied on the unconstitutional ban of that right, it cannot be said to be rationally related to a legitimate interest to a surviving spouse such as Mr. Ely.” Peter Renn, one of the Lambda Legal attorneys, told NBC News that even with the Obergefell decision five years ago, the plaintiffs in the case “have been deprived the protections of marriage” and without this court victory they would have been deprived those protections for the rest of their lives. “Being able to access survivors benefits can make the difference for whether someone can afford the basic necessities of life, like housing, food and health care,” Renn said. Because the court’s ruling also certified the case as a nationwide class action, same-sex spouses across the country who were similarly barred from meeting the 9-month requirement by discriminatory marriage bans will have a pathway forward to relief. One class member, Josh Driggs, from Phoenix, Arizona, already experienced homelessness on two separate occasions after Social Security denied him survivor’s benefits based on his more than 40-year relationship with his husband, Glenn Driggs, and he fell behind in his rent without the financial protection of those benefits. “While these monthly benefits may seem modest, they can make the life-changing difference between having enough food, medication, or a roof over one’s head,” Driggs said. (source: Lambda Legal, NBC News)

Same-Sex Weddings Have Added $3.8 Billion To Economy Since 2015

Same-sex married couples can now access full Social Security benefits after the Biden administration withdrew Trump administration appeals against same-sex couples

During the years leading up to same-sex marriage being legalized nationwide in 2015, LGBTQ activists often extolled the financial upside marriage equality would bring to the economy. According to researchers at the Williams Institute at the UCLA School of Law, those predictions of economic boost turned out to be accurate. Since the ground-breaking 2015 ruling by the U.S. Supreme Court in Obergefell v. Hodges, almost 300,000 gay and lesbian couples have exchanged wedding vows. The study’s lead author, Christy Mallory, told Reuters that, in addition to changing the lives of same-sex couples and their families, marriage equality has “has also provided a sizable benefit to business and state and local governments.” Using figures and estimates based on data from the U.S. Census Bureau, the researchers found $3.2 billion has been spent on same-sex weddings in the U.S.  Additionally, wedding guests who traveled to take part in the nuptials doled out $544 million in travel expenses. And state and local governments took in an additional $244 million in taxes related to the events. The data also shows same-sex weddings have helped to support nearly 45,000 jobs. Beginning with Massachusetts in 2003, marriage equality slowly became legal state-by-state. From 2003 to 2015, it’s estimated that 242,000 same-sex weddings were held in the U.S.  Today, more than half a million lesbian and gay couples have tied the knot.

Playwright & Lifelong Activist Larry Kramer Dead At 84

Larry Kramer in 2010 (photo: David ShankboneCC License)
Larry Kramer, whose activism shocked the country into addressing the HIV epidemic as it killed thousands of Americans, has passed away at the age of 84. In addition to his work as an award-winning playwright including The Normal Heart, he helped co-found the Gay Men’s Health Crisis (the first public service organization for those with HIV) and the activist group ACT UP (AIDS Coalition to Unleash Power) which staged “die-in” protests to draw attention to the mounting death toll from AIDS. From the New York Times:

Larry Kramer, the noted writer whose raucous, antagonistic campaign for an all-out response to the AIDS crisis helped shift national health policy in the 1980s and ’90s, died on Wednesday morning in Manhattan. He was 84.

His husband, David Webster, said the cause was pneumonia. Mr. Kramer had weathered illness for much of his adult life. Among other things he had been infected with H.I.V., the virus that causes AIDS, contracted liver disease and underwent a successful liver transplant.

An author, essayist and playwright — notably hailed for his autobiographical 1985 play, “The Normal Heart” — Mr. Kramer had feet in both the world of letters and the public sphere. In 1981 he was a founder of the Gay Men’s Health Crisis, the first service organization for H.I.V.-positive people, though his fellow directors effectively kicked him out a year later for his aggressive approach. (He returned the compliment by calling them “a sad organization of sissies.”)

He was then a founder of a more militant group, Act Up (AIDS Coalition to Unleash Power), whose street actions demanding a speedup in AIDS drugs research and an end to discrimination against gay men and lesbians severely disrupted the operations of government offices, Wall Street and the Roman Catholic hierarchy.

Dr. Anthony S. Fauci, longtime director of the National Institute of Allergy and Infectious Diseases, credits Kramer with playing an “essential” role in the development of drug regimens that could help those living with HIV, and in urging the FDA to streamline its process for vetting and approval of new drugs.

Kramer’s play, The Normal Heart, opened at the Public Theater in April 1985 and ran for nine months. The play chronicled the early years of the HIV/AIDS crisis and his often aggressive activism to get people engaged in solving the epidemic. In 2011, The Normal Heart was revived on Broadway winning the Tony Award for Best Revival. And in 2014, Kramer wrote a television adaptation for HBO (directed by Ryan Murphy) which won the 2014 Emmy for outstanding television movie. In his review of the revival, Ben Brantley of the New York Times wrote, “By the play’s end, even people who think they have no patience for polemical theater may find their resistance has melted into tears. No, make that sobs.” I encourage you to read the full profile by the New York Times here.

Podcast: NYC Pride’s Big 2020 Plans, Uganda, Albania, Daytime Emmys, PrEP

The Randy Report podcast

The Randy Report podcast delivers the week's top stories in a quick, convenient podcast - 'the 60 Minutes of gay news - only shorter' In this week’s podcast: • Prosecutors in Uganda have dropped charges against 19 LGBTQ people held in jail for 49 days • A ‘once every two months’ injectable version of PrEP has shown very positive results in clinical trials • Albania bans so-called ‘conversion therapy’ • NYC Pride has announced a huge 50th anniversary Pride television special featuring Billy Porter, Dan Levy, Janelle Monae, and more. • The 2020 Daytime Emmy nominations are out with big love for LGBTQ actors and shows Here’s the link to my recent interview with the Emmy Award-winning creators of the Amazon series ‘After Forever’ • Out singer/songwriter Clinton John’s new single “Cry” taps into those frustrating times when you realize you’re really not over that lost love. Link to download “Cry.” All that in this episode of The Randy Report.

Celebrating Gay Civil Rights Icon, Harvey Milk on His 90th Birthday

LGBTQ rights icon Harvey Milk (image via TheOUTFront)
  Guest post by Lawrence Pfeil, Jr. Born May 22, 1930, Harvey Milk is listed as one of Time magazine’s “100 Most Important People of the 20th Century,” because he spoke out not only for LGBTQ people but women, people of color and other communities living on the margins.

“All men are created equal. No matter how hard they try, they can never erase those words. That is what America is about.”

A Naval and Korean War Veteran, Harvey Milk became the first openly gay man elected in California, to San Francisco’s Board of Supervisors in1977. At a time when anti-gay ballot issues were winning across the country, Milk and his coalition were a major force in defeating California’s “Prop. 6 Briggs’ Initiative” that mandated firing teachers for being gay.

“It takes no compromise to give people their rights, it takes no money to respect the individual. It takes no political deal to give people freedom. It takes no survey to remove repression.”

He was the first openly gay man elected to public office; but more than that, he won that election a mere eight years after the Stonewall Rebellion in 1969. His message of inclusion, the value of the marginalized, which he built his representative coalition around, also help elect the first Asian American man and African American woman to San Francisco’s Board of Supervisors. In his short eleven months in office, he spearheaded the defeat of California’s “Brigg’s Initiative” which would have prohibited gays and lesbians from teaching in schools.

Like Abraham Lincoln, Malcolm X, and Martin Luther King, Jr. before him, the gay civil rights leader and champion of equality and justice, knew what history held in store. What Harvey Milk could not have known was the recording he made in the event of his murder would be played just nine days later, when a white, Christian, anti-gay, straight, gunman assassinated him and San Francisco Mayor, George Moscone in their City Hall offices on November 27, 1978.

“If a bullet should enter my brain, let that bullet destroy every closet door.”

While it is impossible to imagine what Harvey Milk might have gone on to achieve had he not been killed, it’s plain to see the lasting impact his living legacy has had on the LGBT+ Community and America as a whole. He has received countless honors posthumously, including a Naval ship named after him; the first postal stamp recognizing an openly gay American, a critically acclaimed biopic; and our country’s highest honor given to a civilian, the Medal of Freedom, presented by President Obama in 2009.

In 1985, The Times of Harvey Milk, narrated by Harvey Fierstein, became the first gay-themed film by openly LGBTQ filmmakers to win an Academy Award. The stirring documentary focuses on an ordinary man who believed in ordinary values but made extraordinary accomplishments by giving everyone hope. It’s colorfully told by the vibrant and dedicated people who were a part of the movement and is profoundly moving. But greater than all these is the lasting legacy Harvey Milk gave us in his words and wisdom. It is striking in comparison to today’s divisive social and political rhetoric, that Harvey Milk succeeded in bringing people together by speaking of hope. He spoke of and to the “us’s” as equal people in our communities, that the marginalized matter.

“The fact is that more people have been slaughtered in the name of religion than for any other single reason. That, that my friends, that is true perversion!”

“I have tasted freedom. I will not give up that which I have tasted.”

“All young people, regardless of sexual orientation or identity, deserve a safe and supportive environment in which to achieve their full potential.”

“It’s not my victory, it’s yours and yours and yours. If a gay can win, it means there is hope that the system can work for all minorities if we fight. We’ve given them hope.”

“Rights are won only by those who make their voices heard.”

“If you are not personally free to be yourself in that most important of all human activities… the expression of love… then life itself loses its meaning.”

“Hope is never silent.”

  Lawrence Pfeil, Jr., is a freelance writer/playwright who has reviewed film and theatre, both on and off-Broadway, for media outlets including The Randy Report, the New York Blade, and Edge Publications. You can follow him at TheOUTfront.com.

Florida: Haters Advance In Attempt To Reverse LGBTQ Rights In Jacksonville

(image via VisitJacksonville.com)
For years, the city of Jacksonville, Florida, had a terrible track record when it came to LGBTQ rights in the city. In 2015, for example, the Human Rights Campaign rated Jacksonville a 23 out of a possible 100 in terms of LGBTQ rights and protections. Since the city expanded its Human Rights Ordinance (HRO) to include sexual orientation and gender identity in early 2017, the HRC rating has improved to 79 out of 100. But now, Florida’s 1st District Court of Appeal has sided with a handful of anti-LGBTQ activists that want to see the HRO reversed on a technicality. Florida Politics reports that the appellate court ruled unanimously 3-0 that the lawsuit filed by virulently anti-LGBTQ law group Liberty Counsel should be allowed to move forward after being dismissed twice by lower courts. Jason Gabriel, the city’s head lawyer in the office of General Counsel, called the decision a “mindboggling” and “bizarre” appeals court ruling against the local LGBTQ protections and vowed to fight to defend the law. “It’s a hyper-technical ruling with some bizarre findings,” said Gabriel. The decision from the three-judge panel mainly hinged on how language was presented in the initial public notices about how the existing HRO would be amended. When the amendments were being considered in 2017, the sections of the local Ordinance Code that would be affected were listed and then followed with instructions to add sexual orientation and gender identity to those sections.

“Section 2. Amending Sections 60.105, 400.101, 400.301, 402.102, 402.107(g)(1), 402.107(g)(3), 402.201, 402.202, 402.203, 402.204, 402.206, 402.210, 402.211, 406.102, 406.104(g)(1), 406.104(g)(3), 406.201, 408.102, 408.204, 408.401, 408.402, 408.403, 408.404, 408.406, and 408.407, Ordinance Code.” “The foregoing sections of the Ordinance Code are hereby amended as follows: wherever protected categories are listed, that sexual orientation and gender identity, as defined in Section 3 below, shall be added to the list.”

The amendments also added specific definitions for “sexual orientation” and “gender identity.” Sounds pretty straight forward, yes? Everyone concerned understood what and how the changes were to the HRO. But the Liberty Counsel held that all 25 sections of the Ordinance Code that were affected by the amendments should have been written out in full text showing the insertion of the new language. The appellate court agreed on that very narrow legal view saying the process “violated governing principles of notice and due process.” And so, the Liberty Counsel won its reversal on previous rulings and is now allowed to further proceedings in trying to overturn the LGBTQ protections.

Mat Staver of the anti-LGBTQ Liberty Counsel
In a press release, the Liberty Counsel’s Mat Staver gloated over the ruling writing, “The citizen plaintiffs were injured by the city’s deceptive practice in presenting the HRO for passage, and that this deceptive practice of not revealing the intent and scope of the law invalidates it.” Gabriel disagreed with the appeals court telling Florida Politics that “full text of the rules … was set forth for the Council and the public, both before or after enactment, and was immediately officially published after enactment.” One solution to the issue, according to incoming City Council President Tommy Hazouri, who sponsored the 2017 legislation, is to simply pass the law again. Since the bill passed in 2017 (by a vote of 12-6), the membership of the City Council has not changed. The city is also considering appealing this new ruling to the (currently conservative) Florida Supreme Court. LGBTQ blogger JoeMyGod notes that the Liberty Counsel has been trying to repeal Jacksonville’s LGBTQ protections since they were passed in early 2017.

Even Amid Coronavirus Epidemic, Pro-LGBTQ Legislation Progresses Across The U.S.

Even as the coronavirus pandemic is disrupting lives around the world, pro-LGBTQ legislation is progressing in legislative chambers across the U.S. Virginia’s Gov. Ralph Northam signed the Virginia Values Act into law on Saturday. The legislation, which adds sexual orientation and gender identity to the commonwealth’s existing nondiscrimination laws, makes Virginia the first in the South to pass such protections. The General Assembly approved the bill earlier this year after gaining control of the chamber in November. Although the legislation had passed in the state Senate several times in the past, Republicans had successfully blocked the measure in the Assembly for years. When Virginia Values Act goes into effect on July 1, Virginia will join 20 other states plus the District of Columbia and Puerto Rico in explicitly banning discrimination based on gender identity and sexual orientation in public employment, housing, and credit.

In Florida, the City Commission of Tallahassee unanimously passed an ordinance protecting LGBTQ youth and vulnerable adults from so-called ‘conversion therapy’ this week. The Trevor Project’s 2019 National Survey on LGBTQ Mental Health showed  LGBTQ youth who had undergone the harmful practice were twice as likely to attempt suicide than those who had not. Forty-two percent of LGBTQ young people who had been subjected to the conversion therapy reported a suicide attempt in the previous 12 months. The reported suicide attempts in the previous year jumped to 57 percent among transgender and non-binary youth forced to undergo ex-gay therapy.
States banning conversion therapy (via Movement Advancement Project)
Currently, 20 states and the District of Columbia have banned the practice as well as at least sixty cities and counties in Arizona, Florida, Georgia, Michigan, Missouri, New York, Ohio, Pennsylvania, Washington, and Wisconsin. Sam Brinton, Head of Advocacy and Government Affairs for The Trevor Project, issued a statement applauding the Tallahassee City Commission for taking action to protect young LGBTQs from the harmful pseudo-science.  “This conduct has been discredited by prominent medical associations and proven to be dangerous,” wrote Brinton. “According to The Trevor Project’s 2019 national survey, LGBTQ youth who had undergone conversion therapy were more than twice as likely to attempt suicide as those who did not. This new ordinance will send a message to the LGBTQ youth of Tallahassee that they should be proud of who they are, and hopefully, it will inspire other localities in Florida to take similar action as well.” Scott McCoy, a spokesman for the Southern Poverty Law Center, also cheered the ban, writing: “We applaud the Tallahassee city commissioners for unanimously enacting an ordinance to ban conversion therapy for minors, but also going even further to ensure the protection of vulnerable adults. This bogus practice is premised on the lie that LGBTQ+ individuals have a ‘condition’ that needs to be cured by changing an individual’s sexual orientation or gender identity. “Taking a stand against conversion therapy is an extremely important step in the right direction to support the well-being of Tallahassee’s LGBTQ+ residents. But the commission has also sent an important message to LGBTQ+ youth: you are perfect the way you are and do not need to be fixed. “We urge the rest of Florida to follow the example set by Tallahassee, and pledge to protect our youth from this heinous practice.” (source: Washington Blade) 

Idaho Governor Signs Two Anti-Transgender Bills Into Law

Idaho Gov. Brad Little
Idaho Gov. Brad Little (image via public domain)

After allowing two recently passed bills to sit on his desk for more than a week, Idaho Governor Brad Little chose to sign two anti-transgender bills into law on the eve of International Transgender Day of Visibility.

The laws take particular aim at transgender youth. House Bill 509 prohibits transgender people from changing the gender listed on their birth certificate. The legislation is clearly a direct rebuttal to a federal court’s decision to overturn Idaho’s previous ban on trans people amending their birth certificates.

In 2018, U.S. Magistrate Judge Candy Dale ruled a prohibition on updating birth certificates by Idaho’s Department of Health and Welfare was discriminatory because some citizens – like adoptive parents – were allowed to amend birth certificates while trans people were not. The court ruled that the ban could cause “irreparable injury and harm” to trans people.

Idaho Rep. Julianne Young (R) proposed a new ban against updating birth certificates claiming they are “historical” documents. House Bill 500 bans transgender student-athletes from participating in sports. This makes Idaho the first state in the country to pass legislation targeting transgender student-athletes.

Local news station KTVB reports the anti-LGBTQ group Family Policy Alliance of Idaho hailed the bills’ passage saying  that the so-called “Fairness in Women’s Sports Act” protects athletic opportunities for girls “by ensuring biological males don’t play in girls’ high school and college sports.”

The Idaho attorney general’s office has already told the press that it estimates it will cost $1 million to defend the law in court.

The new law also allows for female student-athletes gender to be “challenged” and forces the athlete to submit to medical exams to prove their gender.

“This bill asks doctors to perform procedures way outside of the standards of care,” pediatrician Jessica Duvall told Forbes. “Moreover, even if the tests were performed against medical society norms, more often than not they do not yield clear, easily interpreted results.”

The Human Rights Campaign issued a statement denouncing both laws said that both laws.

“We are living in an unprecedented global health crisis, with confirmed cases of COVID-19 increasing on a daily basis in Idaho, across the United States, and around the world, but Governor Brad Little and the Idaho legislature have decided to prioritize the demonization of transgender people,” said HRC President Alphonso David in a statement.

“This is unacceptable, and a gross misuse of taxpayer funds and trust. Idaho is leading the way in anti-transgender discrimination, and at a time when life is hard enough for everyone, Idaho’s elected leaders will be remembered for working to make their transgender residents’ lives even harder.”

Alex Schmider, GLAAD’s Associate Director of Transgender Representation, denounced the legislation as well writing, “Tonight, on the eve of Transgender Day of Visibility and while the United States is overwhelmed with a massive public health crisis, Idaho Governor Brad Little passed legislation targeting some of the most vulnerable members of the LGBTQ community — transgender children.

“Although medical experts, sport governing bodies, and Idaho’s major employers have spoken out against these two bills, Governor Little has instead sided with discrimination,” Schmider continued. “Now, more than ever, transgender people need to be supported, not subjected to state-sponsored discrimination and suffering.”

“Our country is facing an unprecedented health crisis, and Gov. Little and members of the Idaho Legislature have prioritized attacking transgender student-athletes with this discriminatory and unnecessary new law,” said Rodrigo Heng-Lehtinen, deputy executive director for the National Center for Transgender Equality.

“State leaders should focus on protecting public health and safety, not on attacking vulnerable youth who want to play on a team with their peers. With so much suffering right now, Idaho is making sure trans kids suffer more.”

Joe Biden Releases Extensive Plan To Advance LGBTQ Equality

Former Vice President Joe Biden (image via Instagram)
Former Vice President Joe Biden has released a lengthy, comprehensive plan to advance LGBTQ equality if elected president. “Joe Biden believes that every human being should be treated with respect and dignity and be able to live without fear no matter who they are or who they love,” begins the detailed, 17-page plan. That’s followed by a long list of policies and executive actions Biden promises to advance from the Oval Office. Biden pledges to make passage of The Equality Act during his first 100 days as President a top priority. He’ll also take action using his executive authority to reverse the discriminatory actions of the Trump-Pence administration.

As in the Obama administration, he will reaffirm that the Civil Rights Act’s Title VII prohibition against employment discrimination based on sex applies to discrimination based on gender identity. Biden’s plan includes reversing the transgender military ban, ending the Trump administration’s policy of discharging military service members with HIV, and work to support the unique needs of LGBTQ veterans. Biden will repeal the Trump/Pence policy that allows adoption and foster care agencies receiving federal funds to discriminate against LGBTQ families and work to ensure those child welfare agencies put the interests of children first, including those who are LGBTQ. In addition, Biden will work with the U.S. Department of State and other federal agencies to ensure the equal treatment of same-sex couples and their children in the application of all federal programs, services, and benefits—especially with respect to citizenship eligibility requirements and immigration and naturalization proceedings. Noting that there are approximately 3 million LGBTQ people in the United States older than age 50, Biden promises to champion passage of the Ruthie and Connie LGBT Elder Americans Act to ensure non-discriminatory treatment of LGBTQ older Americans. Transgender and non-binary people often experience violence and harassment without identification documents that accurately reflect their gender identity. Biden will support state and federal efforts to provide every transgender or non-binary person the option of changing their gender marker to “M,” “F,” or “X” on government identifications, passports, and other documentation.

Biden promises to work with the Food and Drug Administration to ensure regulations on blood donations by LGBTQ people are “based on science, not fiction or stigma.” In regard to LGBTQ youth, Biden will reinstate Obama-era guidance to allow transgender students access to bathrooms and locker rooms in accordance with their gender identity, work to enact the Tyler Clementi Higher Education Anti-Harassment Act and the Safe Schools Act. He will also seek to end suicide among LGBTQ youth and address homelessness among those young people. Also part of the plan are proposals for combating violence against trans women of color, strengthening the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, supporting LGBTQ survivors of violence, guaranteeing the Affordable Care Act’s nondiscrimination protections, ensuring fair treatment of LGBTQ people in the criminal justice system, and more. The document also includes a list of Biden’s record on LGBTQ rights over the years. From supporting the right to marry in a historic “Meet the Press” interview in 2012; leading the fight to repeal Don’t Ask, Don’t Tell; participating in the “It Gets Better” campaign in 2010 to support LGBTQ youth; and being an original co-sponsor for the Employment Non-Discrimination Act to prohibit bias based on sexual orientation in employment. There are many more details and policies listed in the Biden plan. Read the full document by clicking over to his official campaign site here. Sen. Bernie Sanders has also put forth his own list of policies regarding LGBTQ rights and protections, although not as lengthy or detailed. You can find Sanders’s plan on his website here.