In a few short months, President Joe Biden’s time in the White House will be reaching its end. President Biden inherited a pandemic, the subsequent economic consequences, and a prior administration that had rolled back the rights of the LGBTQ+ community.
Despite the rocky circumstances, some major progress to advance LGBTQ+ rights was made under Biden, even in the face of rising homophobia and transphobia. From his first day in office, when President Biden signed an executive order to implement the Bostock decision that mandated that executive agencies interpret federal civil rights legislation as banning discrimination against LGBTQ+ people in many areas of the law, he showed a commitment to bettering the lives of LGBTQ+ Americans.
The Biden administration went right to work not only trying to undo the damage that Donald Trump had caused, but also increased protections and rights for LGBTQ+ Americans. Biden’s advocacy for the LGBTQ+ community took a variety of forms: appointing a record number of out politicians to roles in his administration, consistently honoring LGBTQ+ awareness days, and making policy decisions that promoted equality for queer people.
Here is a comprehensive timeline of the actions, divided into different sections, that President Biden took to better the lives of LGBTQ+ Americans.
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Eliminating discrimination in the workplace, housing, and other areas
January 20, 2021 – On his first day in office, President Biden signed an executive order that implemented the Bostock decision, mandating that executive agencies interpret federal civil rights legislation that bans discrimination on the basis of sex as banning discrimination against LGBTQ+ people in many areas of the law. Biden’s directive instructed the leaders of all executive agencies to “review all existing orders, regulations, guidance documents, policies, programs, or other agency actions” to ensure that their interpretation of federal laws prohibiting sex discrimination also extends to banning discrimination based on gender identity or sexual orientation.
January 25, 2021 – In a sweeping move, President Biden overturned the ban on trans military personnel, allowing trans people to serve openly in the military. The ban was implemented in 2017 by former President Trump. In a statement, the White House said, “President Biden believes that gender identity should not be a bar to military service, and that America’s strength is found in its diversity.”
January 26, 2021 – President Biden instructed the Department of Housing and Urban Development (HUD) to review and evaluate regulation changes made during the Trump administration about housing discrimination against LGBTQ+ individuals, people of color, immigrants, and those with disabilities.
June 26, 2024 – In a historic move, President Biden announced he is pardoning all veterans who were discharged from the military for being gay. Biden said that he was “righting a historic wrong by using my clemency authority to pardon many former service members who were convicted simply for being themselves.”
Healthcare
July 25, 2022 – The Biden administration announced that they are strengthening non-discrimination provisions in the Affordable Care Act. The proposed changes would improve access to healthcare for LGBTQ+ people by providing protections on the basis of sexual orientation and sex characteristics and improving protections for gender identity.
June 21, 2021 – Veterans Affairs (VA) Secretary Denis McDonough announced that VA healthcare will cover gender-affirming surgery for transgender veterans, a departure from the previous policy. “At VA, we’re doing everything in our power to show veterans of all sexual orientations and gender identities that they can talk openly, honestly, and comfortably with their health care providers about any issues they may be experiencing,” he said during the announcement.
May 10, 2021 – The White House announced that the Department of Health and Human Services (HHS) will once again prohibit discrimination based on sexual orientation and gender identity by healthcare organizations that receive federal funding.
July 12, 2021 – The Department of Labor announced new guidelines instructing insurance companies to cover the entire cost pre-exposure prophylaxis (PrEP) and cannot charge the recipients of the prescription who are insured.
June 15, 2022 – President Biden issued an executive order in which he told HHS to issue rules that ban the use of federal funds for programs that offer conversion therapy.
Legal recognition of LGBTQ+ people
January 20, 2021 – Biden changed the White House website contact form to include the addition of pronoun fields with they/them pronouns and the “Mx.” honorific.
June 30, 2021 – The State Department said that nonbinary people will have an option “x” option for the gender marker on their U.S. passports and that transgender people may change their gender marker without medical certification.
April 26, 2021 – The Department of Justice (DOJ) sided with trans woman Ashley Diamond, who sued the Georgia Department of Corrections for putting her in prison with male inmates. Diamond was sexually assaulted 14 times in a men’s prison and denied hormone therapy. A statement released by the DOJ said that it is unconstitutional to force trans women into a men’s prison because it constitutes cruel and unusual punishment, as well as to deny trans prisoners gender-affirming healthcare.
December 13, 2022 – President Biden signed the Respect for Marriage Act, which enshrines marriage equality into federal law.
Foreign Policy
January 20, 2021 – Secretary of State Antony J. Blinken said the State Department will re-appoint a Special Envoy for the Human Rights of LGBTI Persons, a position that President Donald Trump did not fill during his tenure. Blinken also said that American embassies can fly Pride flags.
February 4, 2021 – President Biden issued an executive memo on advancing LGBTQ+ human rights around the world. The memo instructs all agencies involved in international activities to take LGBTQ+ rights into account when making funding and policy decisions. It enhanced protections for LGBTQ+ refugees and asylum seekers, suggested efforts to combat the criminalization of LGBTQ+ individuals in other countries, and required agencies to submit reports on LGBTQ+ human rights initiatives within 180 days.
May 18, 2021 – The State Department revised its policy on overseas births to U.S. parents to be more inclusive of same-sex couples, as it moved to recognize the U.S. citizenship of babies born abroad to same-sex couples regardless of whether an American parent is biologically related to the child. Under this new policy, children born overseas to both same-sex and heterosexual couples via in vitro fertilization, surrogacy, or other reproductive technologies will be recognized as U.S. citizens at birth, provided that at least one parent is American.
January 4, 2024 – The U.S. removes Uganda from the list of nations eligible to benefit from the African Growth and Opportunity Act (AGOA) over its Anti-Homosexuality Act, which gives the death penalty for “aggravated homosexuality.”
Education and Youth
February 24, 2021 – The Biden administration withdrew support for a lawsuit filed under the Trump administration, which attempted to bar transgender girls from playing in women’s sports. Connecticut Attorney General William Tong said in a statement that he supports the decision to withdraw the lawsuit, “Transgender girls are girls and every woman and girl deserves protection against discrimination. Period.”
April 6, 2021 – The Department of Justice (DOJ) issued a memo contradicting previous Secretary of Education Betsy DeVos’ who stated that Title IX does not protect LGBTQ+ students. The [DOJ Civil Rights] Division has determined that the best reading of Title IX’s prohibition on discrimination “on the basis of sex” is that it includes discrimination based on gender identity and sexual orientation.
June 17, 2021 – The Department of Justice (DOJ) and the Department of Education (DOE) filed a joint brief in support of a transgender girl from West Virginia, saying that it is illegal under both Title IX and the Constitution to ban trans girls from participating in school sports.
June 17, 2021 – The DOJ and the DOE issued a statement of interest in a legal challenge to Arkansas’s ban on gender-affirming care (H.B. 1570), arguing that it violates the Constitution.
August 19, 2021 – The Biden administration and the DOE issued a message to transgender students as anti-trans sentiment and legislation ramps up. The Biden administration said, “The Department of Education and the entire federal government stands behind you. Your rights at school matter. You matter,” and sent instructions about how to file discrimination complaints.
March 15, 2024 – President Biden issues a statement condemning the death of Nex Benedict, and offering condolences to Nex’s family after Nex was beaten in the bathroom by school bullies. “Nex Benedict, a kid who just wanted to be accepted, should still be here with us today,” the statement read. The DOE later announces that they will investigate Nex’s death.
May 2, 2024 – The Biden administration announced a new set of rules to protect LGBTQ+ foster kids. The rules create a system of designated placements for LGBTQ+ children.
April 19, 2024 – The Biden administration continued with their longtime effort to protect LGBTQ+ students under Title IX Rules. They nullify various anti-transgender policies that were put under former President Trump. It went into effect on August 1, before the start of the upcoming school year, and says that any schools that receive federal funding will be expected to follow the rules or risk federal lawsuits, a DOE investigation, and possible loss of funding.
LGBTQ+ people in the Biden administration
The Biden-Harris administration is notable for the amount of LGBTQ+ people who were appointed to positions, making a number of firsts. Some of the most forward-facing members of Biden’s administration are members of the LGBTQ+ community. Bide also appointed the highest number of out LGBTQ+ judges, including 11 federal LGBTQ+ judges.
Pete Buttigieg became the first out gay Cabinet secretary when he is confirmed by the Senate to be the secretary of Transportation. He thanked his husband Chasten in a touching speech.
Karine Jean-Pierre became the first Black woman and the first lesbian to hold the position of White House Press Secretary.
Rachel Levine, a trans woman, was appointed by President Biden as the assistant secretary for health at the HHS. In doing so, she becomes the first out transgender person appointed to a federal position and approved by the U.S. Senate.
Shawn Skelly was appointed Assistant Secretary of Defense for Readiness. She previously made history as the first trans veteran appointed by a U.S. president under President Barack Obama.
Brenda Sue Fulton, a lesbian, was nominated for Assistant Secretary of Defense for Manpower and Reserve Affairs.
Gina Ortiz Jones was appointed Undersecretary of the Air Force. She is the first lesbian and first woman of color to hold the position.
Christopher Lamora, an out gay man, was appointed ambassador to Cameroon.
These are just a few of Biden’s queer appointees. As the Victory Institute documents, there have been hundreds more. In the first one hundred days of his presidency alone, over 200 out LGBTQ+ individuals were nominated to positions within the government.
Proclamations, statements, and historic moments
Many of these declarations were repeated each year of his administration.
March 31, 2021 – President Biden, in a historic moment, proclaimed a national Trans Day of Visibility. In a moving statement, he said, “Transgender Day of Visibility recognizes the generations of struggle, activism, and courage that have brought our country closer to full equality for transgender and gender nonbinary people in the United States and around the world.”
May 17, 2021 – President Biden commemorated International Day Against Homophobia, Transphobia, and Biphobia. “Around the world, some 70 countries still criminalize same-sex relationships. And here at home, LGBTQI+ Americans still lack basic protection in 25 states, and they continue to face discrimination in housing, education, and public services. My Administration will always stand with the LGBTQI+ community.”
June 1, 2021 – President Biden issued a proclamation recognizing Pride Month. While the Clinton and Obama administrations had recognized Pride Month, the Bush and Trump administrations had not.
June 5, 2021 – President Biden acknowledged the 40th anniversary of the first HIV/AIDS cases to be diagnosed. “I have requested $670 million from Congress, an increase of $267 million over previous levels, to aggressively reduce new HIV cases by increasing access to treatment, expanding the use of preexposure prophylaxis (PrEP), and ensuring equitable access to services free from stigma and discrimination.”
June 25, 2021 – President Biden signed a bill designating the site of the 2016 Pulse Nightclub shooting in Orlando as a national memorial, into law, “We’ll never fully recover, but we’ll remember,” he said at the signing.
October 11, 2021 – President Biden honored National Coming Out Day in a statement, writing that “today and every day, I want every member of the LGBTQ+ community to know that you are loved and accepted just the way you are – regardless of whether or not you’ve come out.”
October 26, 2021 – The Biden administration recognized Intersex Awareness Day, with the Department of State issuing a statement on Twitter: “We recognize the voices of intersex people around the world. Here at the Department, we are committed to promoting and protecting the human rights of intersex persons.”
November 2o, 2o21 – President Biden and the White House honor the Transgender Day of Remembrance. Biden said, “Transgender people are some of the bravest Americans I know. But no person should have to be brave just to live in safety and dignity.”
December 1, 2021 – President Biden marked World AIDS Day with an event at the White House and announced a new National HIV/AIDS Strategy with the goal of ending the HIV epidemic in the United States by 2030.
April 5, 2022 – President Biden became the first president to meet with lawmakers from the LGBTQ Congressional Equality Caucus.
February 7, 2023 – During the State of the Union, Biden advocated for trans youth in no uncertain terms. He encouraged Congress to pass the Equality Act, “Let’s also pass the bipartisan Equality Act to ensure LGBTQ Americans, especially transgender young people, can live with safety and dignity.”
March 8, 2024 – In the next year’s State of the Union, Biden again affirmed his commitment to trans Americans. The Equality Act still wasn’t passed by Congress and he declared, “Banning books — it’s wrong! Instead of erasing history, let’s make history! I want to protect other fundamental rights! Pass the Equality Act, and my message to transgender Americans: I have your back.”
July 2, 2024 – With some help from Elton John, Joe Biden opened a new visitor center at Stonewall National Monument.
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