The last type of executive order we will be looking at is for the LGBTQ+ community. Under the Trump administration this community was treated with no respect or care. For example, transgender individuals were no longer allowed to work in the military and were revoked the ability to use their gender bathrooms. There were also talks about removing the right of gay individuals to get married which would take away the marriage rights act under Obama. Under the Biden administration so far they have been rolling back these discriminatory practices. When explaining the process for these rollbacks and change in practice, the administration looks to Title VII of the Civil Rights Act of 1964 which calls for equal protection under the government and the law with any sexual orientation or race. Biden almost immediately signed an executive order to reinforce this act in government.
Biden is also looking towards Bostock versus Clayton County Supreme Court decision which describes how discriminatory actions in the workplace and otherwise is unconstitutional and unlawful. Following this guideline can hopefully lead to a better government that protects all of its citizens, which unfortunately we did not see under the Trump administration. The Biden administration also describes that children need to be protected, especially those within the LGBTQ+ community. Biden describes that children shouldn’t be fearful to play a certain sport, use a certain bathroom, or be taken away from their studies because of their sexual orientation or otherwise.
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In addition, by reinforcing and writing new executive orders, if states for example wish to limit the ability of transgender individuals to play certain classically “gendered” sports, they will need to own up to the federal government who will determine it unconstitutional and unlawful in the United States.
Members of the LGBTQ+ community report feeling relief especially with the strengthening of the Equality Act under Biden. The Equality Act extends the civil rights laws through legislation instead of through the court system. After needing to worry for the past four years about their safety due to their sexual orientation or identity, there is the start to better and more effective equal protection under the law.
Among those opposed to these executive orders is the group Alliance Defending Freedom who believes these acts overstretch Bostock v.s. Clayton County and that it is then “discriminatory” to non LGBTQ+ individuals. Instead of this being a real argument it is instead an attempt to fear monger and build up a defense against equality based acts and decisions in the federal government. The degree of harassment and attacks on LGBTQ+ children in this country is insane and completely immoral. It goes against the founding goals of our country which are to create a space for freedom and expression without fear.
Throughout the Biden administration it can be expected that more acts in favor of equality and equal protection will be pushed. Though many may disagree with these acts, it is both the right thing and the constitutional thing to do.
I completely agree that accounting for the rights of LGBT people is simply the right thing to do. The Biden Administration seems to be doing a good job protecting those rights, and should continue to do so. The major movement on trans children in high school sports seems to be the next line in the sand on LGBT protections. Hopefully, this can be dealt with in some way within the next four years. Overall, I thought this was a good blog that helped me learn more about what political trends may come up in the next couple years.
I am relieved that Biden was elected president and was able to put this country back on track to do the right thing. The discrimination based on sexuality/gender identity in this country is horrifying and I am glad that Biden has been putting the work into increasing equity and decreasing discrimination. We need to make sure these orders are solidified so that they stay in place and continue to protect those in need, and ultimately make the best use we can of the next 4 years to help everyone in the LGBTQ+ community feel included and safe.
It is absolutely amazing that Biden is confronting the sexual orientation inequalities that present themselves time and time again in a country that promises equal rights to everyone; regardless of their race, religion, age, gender, and sexual orientation. Overall, it has been incredibly concerning how racial and LGBTQ+ prejudices prevail so prevalently. Regardless, I am more than glad that Biden is demonstrating what our previous president couldn’t; a sense of equality and fairness to all groups. Bias is the worst trait for any leader/president. Very informative and relevant post!