The Biden Plan To Advance Lgbtq+ Equality In America And Around The World

Joe Biden believes that everyone deserves to be treated with dignity and respect, regardless of who they are or who they love. His commitment to LGBTQ+ equality was evident during the Obama-Biden Administration, which saw major progress, such as the repeal of "Don't Ask, Don't Tell," Biden’s declaration in support of marriage equality in 2012, and significant advances in federal protections for LGBTQ+ Americans.

However, the fight for equality is far from over. The Trump-Pence Administration has rolled back many of the crucial protections that had been put in place for the LGBTQ+ community. Their actions, including blocking transgender people from serving openly in the military, denying LGBTQ+ individuals access to essential healthcare, allowing federally funded shelters to discriminate against transgender people, and failing to address the alarming rates of violence against transgender individuals – particularly transgender women of color – have reversed much of the progress made under the Obama-Biden Administration.

The challenge of discrimination against LGBTQ+ people predates Trump and Pence, but addressing their harmful policies is a necessary first step toward advancing the cause of equality.

As President, Biden will stand firm with the LGBTQ+ community to ensure that America lives up to its founding promise of equality for all. He will provide leadership to secure equal rights for LGBTQ+ people, strengthen laws and institutions that protect these rights, and advocate for LGBTQ+ equality around the world. Biden’s plan includes:

• Protecting LGBTQ+ people from discrimination.
• Supporting LGBTQ+ youth.
• Combating violence against LGBTQ+ individuals and focusing efforts to end the violence epidemic, particularly against transgender women of color.
• Expanding access to high-quality health care for LGBTQ+ people.
• Ensuring fair treatment of LGBTQ+ individuals within the criminal justice system.
• Collecting and utilizing data to better support the LGBTQ+ community.
• Advancing global LGBTQ+ rights and development.

Ensure LGBTQ+ Individuals Are Protected From Discrimination

Joe Biden believes that no one should face discrimination because of who they are or who they love. Sadly, many LGBTQ+ Americans live in states without sufficient civil rights protections. They can marry on one day but may be fired the next because of their sexual orientation or gender identity. LGBTQ+ individuals continue to face discrimination in many areas of life, including employment, military service, starting a family, and obtaining official identification with their correct gender markers.

The Equality Act is the most effective way to guarantee that LGBTQ+ Americans are protected under civil rights laws. Biden plans to make the passage of the Equality Act a top priority during his first 100 days in office. He will also direct his Cabinet to ensure immediate and full enforcement of the Equality Act by all federal agencies.

Beyond passing the Equality Act, Biden will take immediate action using his executive authority. He will reverse the discriminatory policies of the previous administration and take further steps to eliminate discrimination against LGBTQ+ individuals. Biden will:

• Empower federal agencies to lead in promoting equality. He will nominate and appoint officials, including judges, who reflect the diversity of the American population, including LGBTQ+ individuals. He will ensure that federal agency leaders are fully committed to enforcing civil rights protections for LGBTQ+ people. Additionally, he will provide the necessary funding to agencies, such as the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Education's Office for Civil Rights, and the Civil Rights Division of the U.S. Department of Justice, to carry out their mandates effectively.
• Ensure LGBTQ+ people are protected from employment discrimination based on sexual orientation or gender identity. Biden will reaffirm that the Civil Rights Act prohibits discrimination based on these factors, a position previously affirmed by the Obama-Biden administration. He will make sure that Title VII of the Civil Rights Act continues to apply to discrimination based on gender identity and sexual orientation and will work to pass the Equality Act to solidify this protection.
• Support transgender and non-binary people in the workplace. Transgender and non-binary individuals face significant barriers to employment. Biden will ensure that workforce training programs and resources funded by the U.S. Department of Labor and the Small Business Administration are tailored to support these groups. He will also encourage states and local governments to adopt programs that assist transgender and non-binary people in entering the workforce and fostering entrepreneurship.
• Eliminate employment discrimination in the federal government. As president, Biden will restore the full implementation of an executive order from the Obama administration, which prohibited discrimination by federal contractors. This order was undermined during the previous administration. He will work with civil rights leaders to establish implicit bias training programs for federal employees and contractors, addressing discrimination based on race, gender, sexual orientation, gender identity, or disability. These training materials will be made publicly available so other employers can adopt similar programs.

Respect LGBTQ+ Service Members and Veterans

Biden is committed to ensuring that LGBTQ+ service members and veterans receive the respect and support they deserve.

Reinstate the ban on transgender military service. In 2010, Biden played a key role in ending "Don't Ask, Don't Tell," which allowed gay, lesbian, and bisexual individuals to serve openly in the military. In 2016, the Obama-Biden administration further advanced equality by allowing transgender individuals to serve openly as well. However, the Trump administration reversed these policies, barring transgender individuals from serving openly. Biden believes that this is both discriminatory and harmful to our national security. He will direct the U.S. Department of Defense to allow transgender service members to serve openly, receive medical care, and live free from discrimination.

End discriminatory policies against individuals living with HIV in the military. The "Deploy or Get Out" policy, which resulted in the discharge of military personnel with HIV, was ruled by a federal court to be irrational and outdated, failing to reflect the current understanding of HIV treatment and transmission risks. If the Trump administration attempts to enforce this policy again, Biden will work to immediately rescind it.

Support LGBTQ+ Veterans. Biden’s plan includes addressing the unique needs of LGBTQ+ veterans. As president, he will direct the Secretary of Housing and Urban Development to ensure that services under the Supportive Services for Veterans Families program meet the specific needs of LGBTQ+ veterans experiencing homelessness. He will also instruct the Department of Veterans Affairs (VA) to implement cultural competency training for healthcare providers, ensuring they are equipped to support LGBTQ+ veterans. Additionally, Biden will direct the Secretary of Defense to review the cases of LGBTQ+ veterans who were discharged due to their sexual orientation or gender identity, ensuring they are given a timely review for discharge upgrades.

By taking these actions, Biden will ensure that LGBTQ+ individuals who have served our country are treated with dignity and respect in all areas, from military service to veteran care.

Support the Right to Build and Protect Families

In 2012, Biden became the highest-ranking U.S. official to publicly support marriage equality, and three years later, the Supreme Court ruled that marriage is a fundamental right. Biden believes that same-sex couples and LGBTQ+ individuals should have the right to build and protect their families. However, many government-funded foster care and adoption agencies still discriminate against LGBTQ+ families or make the adoption process harder for them. These agencies often place LGBTQ+ youth at risk by not placing them with safe and accepting families. In 2019, the Trump administration proposed a rule allowing adoption and foster care agencies to discriminate against LGBTQ+ families while still receiving government funding. As president, Biden will reverse this rule and ensure that all families, regardless of sexual orientation, gender identity, or marital status, are treated fairly. He will also work with the Department of State and other federal agencies to ensure that same-sex couples and their children receive equal treatment in all federal programs and services, especially in matters related to immigration and citizenship.

End the Use of Broad Religious Exemptions to Discriminate

While religious freedom is an essential American value, Biden recognizes that it has been misused in recent years to allow discrimination against LGBTQ+ individuals. The Trump administration carved out wide religious exemptions that allowed businesses, medical providers, and other organizations to refuse services to LGBTQ+ people. Biden will reverse these policies and fight for a society where no one is denied service or treated unfairly because of who they are or whom they love.

Protect LGBTQ+ People Experiencing Homelessness

Under the Obama-Biden administration, federally funded homeless shelters were required to provide housing according to an individual's gender identity and not discriminate based on sexual orientation or gender identity. However, the Trump administration proposed allowing shelters to turn away transgender people, forcing them into unsafe and discriminatory situations. As president, Biden will pass the Equality Act to ensure these protections are permanent, preventing any future president from rolling back civil rights protections for LGBTQ+ individuals, especially in housing and shelters.

Support LGBTQ+ Seniors

There are currently about 3 million LGBTQ+ individuals in the United States aged 50 and older, and that number is expected to grow significantly by 2030. These seniors often face discrimination in areas like employment, housing, and healthcare. The Obama-Biden administration provided resources and support to older LGBTQ+ people through the Services and Advocacy for LGBT Elders (SAGE) program. As President, Biden will push for the passage of the Ruthie and Connie LGBT Elder Americans Act to ensure older LGBTQ+ individuals are treated fairly and without discrimination. He will also protect and strengthen Medicare, preserve Social Security, and provide additional support for older LGBTQ+ workers who want to continue their careers.

Ensure Accurate Gender Representation on Identification Documents

Transgender and non-binary individuals who do not have identification that matches their gender identity are at risk of discrimination, harassment, and even violence. They may also face barriers in employment, housing, accessing public benefits, and exercising their right to vote. The Obama-Biden administration led efforts to update passport gender change policies. As President, Biden will continue this work to ensure all transgender individuals can easily update their identification documents to accurately reflect their gender identity. Biden believes every transgender or non-binary person should have the option to change their gender marker to “M,” “F,” or “X” on official documents, including passports. He will advocate for state and federal efforts to support these changes and ensure accurate representation.

Base Blood Donation Policies on Science

During the Obama-Biden administration, the lifetime ban on blood donations from certain groups based on stigma was lifted. Biden will work with the Food and Drug Administration to ensure that blood donation policies are based on science and facts rather than discrimination. In line with recommendations from the Human Rights Campaign, Biden will invest in research to better understand risk behaviors and revise donor questionnaires to focus on specific behaviors like recent unprotected sex or multiple sexual partners over the past year rather than applying blanket restrictions.

Support LGBTQ+ Youth

Joe Biden believes that every young person should be treated with dignity and respect and should have the opportunity to live freely without fear, regardless of who they are or who they love. Throughout his career, Biden has advocated for equality and inclusion for LGBTQ+ youth. He recognizes how important it is for young LGBTQ+ individuals to feel supported, valued, and safe, both at home and in school. The Obama-Biden administration worked to change the culture, moving from one of rejection to one where LGBTQ+ youth feel accepted and loved. As private citizens, Joe and Jill Biden continued this effort with campaigns like “As You Are,” promoting acceptance and understanding among LGBTQ+ youth and their families. As President, Biden will:

Ensure Support and Protection for LGBTQ+ Youth in Schools and Colleges:

• Guarantee transgender students have access to facilities consistent with their gender identity. On his first day, Biden will restore guidance that was revoked under the previous administration, ensuring that transgender students can access sports, bathrooms, and locker rooms in line with their gender identity. He will direct the Department of Education to enforce and investigate violations of transgender students’ rights.
• Protect LGBTQ+ students from bullying, harassment, and assault. Biden will enact initiatives to reduce sexual violence, dating violence, and online harassment, ensuring these issues are addressed specifically for LGBTQ+ students, who face higher rates of sexual assault. He will also push for the Tyler Clementi Higher Education Anti-Harassment Act to support campus programs aimed at preventing harassment. Additionally, Biden will reinstate guidance requiring schools to prohibit harassment based on sexual orientation and gender identity and advocate for the Safe Schools Improvement Act to ensure schools develop policies to prevent bullying and harassment.
• End disciplinary policies that unfairly impact LGBTQ+ students. LGBTQ+ students, especially transgender, LGBTQ+ students of color and those with disabilities, face higher rates of suspension, detention, and expulsion due to discrimination and harassment. Biden will build on the Obama administration’s work to address the impact of discipline on students of color by extending these efforts to include LGBTQ+ students and students with disabilities.

End Suicide Among LGBTQ+ Youth:

• Lesbian, gay, and bisexual youth are five times more likely to attempt suicide than their heterosexual peers, and one-third of transgender youth report attempting suicide within the past year. Biden will ensure that suicide prevention programs in schools and communities follow best practices and will expand mental health resources by doubling the number of counselors, nurses, and mental health professionals in schools. He will also direct the Department of Education to conduct a study on mental health services in schools and invest in research to develop better teen suicide prevention programs.

Eliminate LGBTQ+ Youth Homelessness:

• LGBTQ+ youth are about twice as likely to experience homelessness as their non-LGBTQ+ peers. Biden’s housing plan aims to pass the Ending Homelessness Act, which will fund strategies to end homelessness, including support for LGBTQ+ youth. Biden will ensure that part of this funding is directed specifically to help LGBTQ+ youth experiencing homelessness. Many LGBTQ+ young people face homelessness due to family rejection, and Biden will continue his work with the “It Gets Better” and “As You Are” campaigns to build more acceptance and support for LGBTQ+ youth. He will invest in programs like the LGBTQ Youth Homelessness Prevention Initiative and the 3/40 Blueprint to help prevent homelessness and provide services for LGBTQ+ youth in need. Additionally, Biden will increase funding for the Runaway and Homeless Youth Act to ensure LGBTQ+ youth have access to transitional living programs with job counseling and mental health care.

Focus on Juvenile Justice Reform and Prevention

LGBTQ+ youth are overrepresented in the juvenile justice system. Although they make up only about 7-9% of the youth population in the U.S., LGBTQ+ youth account for approximately 20% of those incarcerated in juvenile detention and correctional facilities. As President, Biden is committed to reforming the juvenile justice system to provide more opportunities for youth to reach their full potential. He will allocate $1 billion per year for juvenile justice reform and incentivize states to reduce juvenile incarceration rates. Biden will introduce a $100 million pilot program to encourage states to (1) place non-violent youth in community-based alternatives to incarceration and (2) repurpose unused prisons for community benefit, ensuring they cannot be used for detention in the future. Localities applying for this funding will be required to involve young LGBTQ+ people and impacted communities in creating plans for reducing incarceration. Biden will also increase funding for after-school programs, community centers, and summer job initiatives to keep young people engaged active, and learning. Additionally, he will support the expansion of federal programs that create safe spaces for children when not in school and create a national summer jobs program for young adults to help them gain work experience and earn an income.

Protect LGBTQ+ Dreamers

There are approximately 75,000 Dreamers who identify as LGBTQ+, with 36,000 of them participating in DACA (Deferred Action for Childhood Arrivals). The previous administration made the harmful decision to end DACA, causing chaos and uncertainty for millions of Dreamers. These individuals, along with their families, deserve a clear path to citizenship through comprehensive immigration reform. In the interim, Biden will reinstate the DACA program and explore every legal avenue to protect Dreamers and their families from being unjustly separated.

Protect LGBTQ+ Individuals From Violence

Joe Biden has been dedicated to fighting injustice throughout his career. This commitment led him to author the Violence Against Women Act in 1994, successfully challenge the National Rifle Association, and speak out against the widespread violence targeting the LGBTQ+ community, particularly transgender women of color. As President, Biden will work to safeguard LGBTQ+ individuals from violence, whether it occurs in their homes, communities, or as they enter the country. He will also ensure that LGBTQ+ survivors of violence receive the support they need.

Biden's plan includes:

• Tackling domestic violence, dating violence, sexual assault, and stalking within the LGBTQ+ community and offering support to survivors. In 2013, Biden championed the reauthorization of the Violence Against Women Act, which included explicit protections for LGBTQ+ individuals. For the first time, the law recognized LGBTQ+ people as an "underserved population," making it easier for organizations that serve them to access funding. The proposed 2019 reauthorization further strengthens protections for LGBTQ+ individuals, including those who are transgender and incarcerated. Biden will push for this bill’s passage as one of his first priorities, ensuring that LGBTQ+ individuals are included in key protections under the Family Violence Prevention and Services Act (FVPSA). He will also work to secure permanent funding for the National LGBTQ Institute on Intimate Partner Violence (IPV) to address and prevent violence within the community.

Biden’s priority will be to ensure that the law is fully enforced, funding is allocated to crucial services, and that LGBTQ+ people are protected from violence and discrimination in all its forms.

Combat The Violence Epidemic Affecting Transgender Women Of Color

The Biden Administration will prioritize prosecuting those responsible for the high murder rates of transgender individuals, especially transgender women of color. Within his first 100 days in office, Biden will direct federal resources to help prevent violence targeting transgender women. He understands that discrimination in housing and employment often leads to homelessness and increased violence, so he will advocate for passing the Equality Act to eliminate economic barriers and reduce the social stigma against transgender individuals. Biden will also work to pass the LGBTQ Essential Data Act to collect comprehensive data on anti-transgender violence, helping to identify the factors that contribute to these crimes. Furthermore, Biden will direct the update of the FBI’s Uniform Crime Reports Supplementary Homicide Reports (UCR-SHR) to include categories for sexual orientation and gender identity, allowing for better tracking and understanding of crimes against LGBTQ+ individuals.

Enforce And Enhance The Matthew Shepard And James Byrd, Jr. Hate Crimes Prevention Act

Throughout his career, Biden has supported over a dozen pieces of legislation aimed at preventing hate crimes. In 2009, he worked to pass the Matthew Shepard and James Byrd, Jr. Act, which expanded the federal hate crime law to include crimes based on gender, sexual orientation, gender identity, or disability. Despite these efforts, there is still much to be done. In 2018, nearly 19% of hate crimes reported were based on sexual orientation or gender identity. Biden will lead with moral authority to make clear that hate has no place in America. He will work to strengthen enforcement of the Matthew Shepard Act by increasing funding for anti-bias and hate crime investigations. Biden will also collaborate with Congress to pass the Jabara-Heyer NO HATE Act to improve hate crime reporting and data collection and the End Racial and Religious Profiling Act to prevent law enforcement from targeting individuals based on race, ethnicity, religion, gender, or sexual orientation. Under his leadership, the Department of Justice will make prosecuting hate crimes a priority.

Address Gun Violence And Its Impact On The LGBTQ+ Community

Biden has proposed a comprehensive plan to reduce gun violence, including banning the manufacture and sale of assault weapons and high-capacity magazines and implementing background checks for all gun sales. He will also work to close the “hate crime loophole,” preventing individuals convicted of misdemeanor hate crimes or those who received enhanced sentences due to bias from purchasing firearms.

End The Harmful Asylum And Immigration Policies

The Statue of Liberty has long symbolized hope and freedom for those seeking refuge, including LGBTQ+ individuals, who are particularly vulnerable in many parts of the world. Under Trump, the asylum process was restricted, especially for LGBTQ+ people, by denying their right to seek asylum as part of a “particular social group.” The administration also implemented the Migrant Protection Protocols, forcing individuals to remain outside the U.S. while waiting for asylum hearings. If elected, Biden will:

• Ensure asylum laws properly protect those fleeing persecution. Biden will put an end to the Migrant Protection Protocols and restore asylum laws to their original purpose – offering protection to those escaping danger and unable to safely return home. He will ensure that LGBTQ+ asylum seekers and refugees receive the services and safeguards they need. Biden will also work to train federal agencies to meet the unique needs of LGBTQ+ asylum seekers, ensuring quicker access to resources for those facing targeted violence or threats in their home countries.
• End long detention times and invest in case management programs. LGBTQ+ immigrants are at a higher risk of experiencing sexual violence in detention. Biden will prioritize alternatives to detention by funding proven non-profit case management programs. These programs are effective in helping migrants meet legal obligations while ensuring their safety and dignity. They also provide access to medical care, social services, and help with school enrollment for children – far less costly and more humane than family detention.
• Rescind discriminatory travel and refugee bans, including the "Muslim ban." The Trump Administration’s anti-Muslim stance has been detrimental to both our values and our economy, unfairly targeting Muslim individuals, including those from the LGBTQ+ community. Biden believes these policies are unjust and baseless. On day one, he will reverse the “Muslim ban,” ensuring that all individuals are welcomed, regardless of their faith or nationality.

Support LGBTQ+ Survivors of Violence

Biden knows the long-lasting effects of violence on its victims and their communities and understands the importance of trauma-informed care. As president, he will direct the U.S. Department of Health and Human Services to review all federal programs serving at-risk communities, ensuring they are inclusive of LGBTQ+ people and equipped to address the trauma that comes from violence. Additionally, he will raise the funding cap for the Victims of Crime Act programs to help victims pay for expenses related to medical and dental care, counseling, lost wages, and temporary housing caused by the crime.

Increase Access To Quality Health Care For LGBTQ+ Individuals

Under the Affordable Care Act, no one should be denied health care because of their sexual orientation or gender identity. This landmark legislation was a major step in making health care more accessible and affordable for LGBTQ+ Americans. However, the ACA has faced continuous attacks over the years. Biden has opposed every effort to dismantle this crucial law, whether those efforts came from Republicans or Democrats. Rather than scrapping private insurance, Biden plans to improve the ACA by providing more options for Americans, lowering healthcare costs, and simplifying the system. His approach will guarantee that every American, including LGBTQ+ individuals, has access to affordable, high-quality health insurance. Biden will:

Ensure LGBTQ+ Individuals Have Access to High-Quality Health Care

The Affordable Care Act (ACA) was a significant step in guaranteeing that LGBTQ+ individuals cannot be denied health care because of their sexual orientation or gender identity. Before the ACA, insurance companies could raise premiums simply because of someone's gender, sexual orientation, or gender identity or deny coverage for those with conditions like HIV. President Biden will protect and strengthen these non-discrimination measures, ensuring that all people – regardless of gender, sexual orientation, or identity – have access to affordable, quality health care without discrimination.

Provide Comprehensive Health Coverage for LGBTQ+ Americans

Biden will ensure that LGBTQ+ individuals receive full access to essential healthcare services, including those related to transitioning, such as gender confirmation surgery and HIV treatment and prevention. He will ensure federal health plans cover vital medications like PrEP (pre-exposure prophylaxis) and PEP (post-exposure prophylaxis), which are critical for preventing HIV. Biden will also put a stop to price gouging by the pharmaceutical industry, taking action when drug prices become abusive.

Reinforce the National HIV/AIDS Strategy

As President, Biden will reinstate the National HIV/AIDS Strategy, originally launched under the Obama-Biden Administration, and re-commit to ending the HIV/AIDS epidemic by 2025. This strategy will focus on reducing new HIV cases, improving access to treatment, and addressing disparities in care. Biden will fully fund the Ryan White HIV/AIDS Program and increase research funding to ensure effective support for those living with HIV/AIDS. He will also work to eliminate the stigma surrounding HIV by increasing education, outreach, and collaboration with key stakeholders.

Decriminalize HIV Exposure and Transmission

Biden will support the REPEAL HIV Discrimination Act, which seeks to eliminate HIV exposure laws that perpetuate stigma and discrimination against people living with HIV/AIDS. These laws lack a scientific basis and create further harm. As President, Biden will work toward decriminalizing these laws, helping to reduce discrimination and promote more supportive policies.

Ban Conversion Therapy

Biden recognizes that "conversion therapy" is harmful, unscientific, and often results in lasting trauma. He will work to pass the Therapeutic Fraud Prevention Act to ban this dangerous practice, which is still allowed in several states. His administration will ensure that LGBTQ+ minors are protected from these practices nationwide.

Restore Federal Funding for Planned Parenthood

Biden will lift the Trump administration's restrictions on Title X funding and restore support to Planned Parenthood health centers. These centers are critical in providing culturally competent and affordable care to LGBTQ+ individuals, including essential services like reproductive health, cancer screenings, HIV testing, hormone therapies, and general medical care.

Expand Mental Health Services and Suicide Prevention for LGBTQ+ Individuals

Biden will expand mental health services for the LGBTQ+ community and ensure that mental health parity laws are strictly enforced. He aims to provide additional funding for mental health resources, especially for LGBTQ+ individuals and will work to reduce the stigma associated with mental health care. As Vice President, Biden worked to implement the federal mental health parity law, and as President, he will double down on these efforts.

Improve Access to Health Care for LGBTQ+ Americans in Rural Areas

Biden recognizes the challenges rural Americans face when it comes to health care. He will automatically enroll low-income LGBTQ+ individuals in rural areas who would be eligible for Medicaid, in a new public option without premiums. Biden will also ensure that rural hospitals receive the necessary funding to stay open and continue providing care for their LGBTQ+ patients, addressing the unique healthcare needs in these communities.

Ensure Fair Treatment Of LGBTQ+ Individuals In The Criminal Justice System

LGBTQ+ individuals often face higher arrest rates, largely because many are forced out of their homes and lack access to housing or essential services. Without these basic supports, they are more likely to become victims of violence, especially when left vulnerable on the streets.

The criminal justice system must treat everyone, including LGBTQ+ people, with fairness and dignity. However, LGBTQ+ individuals, particularly transgender people, are often trapped in the system due to discrimination and stigma. Once incarcerated, LGBTQ+ individuals are at a higher risk of violence. As president, Biden will take steps to ensure fair treatment for LGBTQ+ people and end violence in the criminal justice system by:

Reducing LGBTQ+ Interactions With The Criminal Justice System

Biden believes we must address the unfair impact of the system on LGBTQ+ individuals, especially transgender women of color. His criminal justice reform plan includes a $20 billion grant program to help states shift from relying on incarceration to investing in prevention and rehabilitation. Biden will also make prosecutorial misconduct a priority, using investigations and consent decrees to address systemic issues. Additionally, he will focus on strengthening public defenders and eliminating cash bail to ensure people are not jailed simply because they can't afford to pay fines.

Increase Safety For Incarcerated Transgender Individuals

During the Obama-Biden Administration, a policy was created requiring gender identity to be considered in housing assignments for transgender inmates. The Trump-Pence Administration rolled back this policy, putting transgender individuals at greater risk of assault and violence. Biden will direct the Bureau of Prisons to reinstate protections for transgender individuals and revise the Transgender Offender Manual to ensure fair treatment. Biden will also fully enforce the Prison Rape Elimination Act and make sure transgender inmates have access to appropriate medical care, including hormone therapy and consultations with OBGYNs, in federal facilities.

Collect The Data Needed To Fully Support The LGBTQ+ Community

Transgender equality is a critical civil rights issue today.

The U.S. government needs accurate, comprehensive data on LGBTQ+ individuals to understand their challenges and ensure resources are directed where they are needed most. Historically, data on LGBTQ+ people has been limited because national surveys did not ask about sexual orientation or gender identity.

The Obama-Biden Administration made progress in collecting this data, which helped address issues such as discrimination against same-sex couples in the housing market and better-targeted resources to address health disparities, especially in HIV/AIDS care. However, the Trump-Pence Administration worked to erase LGBTQ+ individuals from federal data collection efforts. As President, Biden will:

Make Sure Sexual Orientation And Gender Identity Are Included In National Surveys And Data Collection Efforts

Biden will work to ensure federal agencies and relevant programs, including the Census, American Community Survey, and Current Population Survey, collect accurate data while maintaining strong privacy protections. He will push for the passage of the LGBTQ Data Inclusion Act, which will require agencies to gather voluntary data on sexual orientation and gender identity in certain surveys, and the LGBTQ Data Essential Act, which will focus on improving data collection related to violent deaths within the LGBTQ+ community.

Guide Agencies To Improve The Collection Of Additional Demographic Information, Including Race, Ethnicity, And Disability Status

This will help identify the needs of specific LGBTQ+ subgroups and ensure that all community members are represented and supported.

Address Gaps In LGBTQ+ Health Data

Biden will work to fill the gaps in LGBTQ+ health data identified in the Institute of Medicine's report, "The Health of Lesbian, Gay, Bisexual, and Transgender People: Building a Foundation for Better Understanding."

Advance Global LGBTQ+ Rights And Development

Together, we will defend and promote the human rights of all people, both domestically and abroad, and work relentlessly until true equality is achieved.

The Obama-Biden Administration made key strides in recognizing LGBTQ+ rights as fundamental human rights, promoting both economic and social opportunities for LGBTQ+ people worldwide. This included appointing officials at the U.S. Department of State and the U.S. Agency for International Development (USAID) to lead diplomatic and development efforts focused on advancing protections for LGBTQ+ individuals. President Biden will build upon these efforts, reversing the damage caused by the Trump-Pence Administration, which failed to defend LGBTQ+ rights both in the U.S. and internationally. Biden has long spoken out against the oppression and violence LGBTQ+ individuals face in places like Chechnya, El Salvador, Malaysia, and Uganda.

As President, Biden will restore the U.S.'s role as a global leader for LGBTQ+ rights and development, ensuring that violence and discrimination against LGBTQ+ individuals is not ignored. On his first day in office, Biden will issue a Presidential Memorandum prioritizing LGBTQ+ human rights globally.

Biden will also:

Place Human Rights At The Center Of U.S. Foreign Policy

He will strengthen offices at the State Department and USAID that focus on LGBTQ+ rights and development, appointing leaders to advocate for equality and integrating LGBTQ+ rights into broader human rights initiatives. Biden will also appoint a Special Envoy for LGBTQ+ Human Rights to coordinate diplomatic efforts and combat homophobia, transphobia, and discrimination on a global scale.

Expand LGBTQ+ Rights Within A Comprehensive Human Rights Framework

Biden’s administration will work to advance the rights of all individuals, regardless of their sexual orientation or gender identity, with a special focus on marginalized groups like transgender and intersex people, both domestically and internationally.

Utilize All Available Diplomatic Tools To Protect And Promote LGBTQ+ Rights

Biden will work with global partners to push for decriminalization of LGBTQ+ identities, fight for legal protections, and respond swiftly to human rights violations. If needed, he will use sanctions and other diplomatic pressure to influence governments that restrict LGBTQ+ rights or fail to enforce protections.

Challenge Harmful Biases Against Sexual Orientation And Gender Identity

Biden’s administration will lead public awareness campaigns and collaborate with local groups to challenge prejudice and promote LGBTQ+ human rights. This includes supporting initiatives like the UN’s Free & Equal campaign.

Support Local LGBTQ+ Civil Society Organizations

Biden will ensure that U.S. foreign assistance supports grassroots LGBTQ+ movements, empowering activists who are driving change in their own countries. These groups are vital for advancing global LGBTQ+ rights and ensuring the safety of those working in the movement.

Evaluate And Ensure Effective Investments In LGBTQ+ Communities

Biden’s administration will prioritize funding that elevates the economic and social status of LGBTQ+ individuals. Programs, such as PEPFAR, will continue to combat stigma and violence, ensuring LGBTQ+ people can access the healthcare and services they need.

Collaborate With Congress To Pass The GLOBE Act

This act would permanently enshrine LGBTQ+ rights as a priority in U.S. foreign policy, focusing on eliminating violence and discrimination against LGBTQ+ individuals globally.

Vice President Biden's Record On LGBTQ+ Equality

Throughout his time in public service, Biden has been a strong advocate for LGBTQ+ rights, demonstrating unwavering support for equality, justice, and inclusion. His record of action includes significant milestones during his eight years alongside President Obama.

Biden's commitment to LGBTQ+ rights includes:

Supporting Marriage Equality

In May 2012, Biden made history by becoming the highest-ranking U.S. official to publicly endorse marriage equality during an interview on "Meet the Press," declaring that love is love. Three years later, in 2015, the U.S. Supreme Court affirmed this position, ruling in Obergefell v. Hodges that marriage is a fundamental right for all couples.

Expanding Health Care Protections

The Affordable Care Act (ACA) marked a significant step forward, ensuring that LGBTQ+ individuals could no longer be denied coverage based on their sexual orientation, gender identity, or a pre-existing condition like HIV. Biden is committed to building on this progress by offering more choices through a public health insurance option, reducing healthcare costs, and making the system easier to navigate. This will ensure LGBTQ+ Americans, especially those in states that have resisted Medicaid expansion, have access to the care they need.

Passing the Hate Crimes Prevention Act

In 2009, Biden, alongside President Obama, championed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which expanded federal hate crime laws to include crimes motivated by gender, sexual orientation, gender identity, or disability. Biden has consistently advocated for stronger protections against hate crimes, including efforts to pass laws to collect data on such crimes.

Repealing "Don't Ask, Don't Tell"

In 2010, Biden was a key figure in the repeal of the "Don't Ask, Don't Tell" policy, allowing gay, lesbian, and bisexual service members to serve openly and without fear of being discharged for their sexual orientation.

Supporting the Violence Against Women Act (VAWA)

Biden played an instrumental role in the 2013 reauthorization of VAWA, which, for the first time, included explicit protections for LGBTQ+ individuals. This landmark legislation expanded support for victims of domestic violence, including those from LGBTQ+ communities.

Promoting Safe Schools and Ending Bullying

As both a public servant and a private citizen, Biden has championed the cause of safe and supportive environments for LGBTQ+ youth. In 2010, he joined the "It Gets Better" campaign and later founded the Biden Foundation with Jill Biden, focusing on promoting understanding and acceptance of LGBTQ+ youth.

Defending Equal Benefits for Same-Sex Couples

Throughout his career, Biden has worked to ensure that same-sex couples receive equal benefits, from voting against bills that would deny same-sex couples health benefits to supporting the repeal of the Defense of Marriage Act in 2011, which led to the legalization of same-sex marriage nationwide.

Advocating for Workplace Equality

In 2001 and 2003, Biden co-sponsored the Employment Non-Discrimination Act, which aimed to prevent workplace discrimination based on sexual orientation.

Launching the National HIV/AIDS Strategy

In 2010, under Biden’s leadership, the Obama-Biden Administration launched the first comprehensive national HIV/AIDS strategy. This strategy focused on addressing disparities faced by LGBTQ+ communities, particularly gay and bisexual men and transgender individuals.

Long-standing Support for HIV/AIDS Resources

Biden has been a steadfast advocate for HIV/AIDS treatment and funding since the 1980s. He played a key role in the passage of the Ryan White Comprehensive AIDS Resources Emergency (CARE) Act and worked to expand the PEPFAR program, which significantly increased global funding for HIV/AIDS treatment and prevention.

Biden’s record reflects a steadfast commitment to fighting for LGBTQ+ rights and continues to drive progress toward a more equitable society for all.