Pres. Biden Marks Transgender Day of Remembrance

" This year, at least 46 transgender individuals in this country—and hundreds more around the world—were killed in horrifying acts of violence. Each of these lives was precious. Each of them deserved freedom, justice, and joy. Today, on Transgender Day of Remembrance, we mourn those we lost in the deadliest year on record for transgender Americans, as well as the countless other transgender people—disproportionately Black and brown transgender women and girls—who face brutal violence, discrimination, and harassment.

In spite of our progress strengthening civil rights for LGBTQI+ Americans, too many transgender people still live in fear and face systemic barriers to freedom and equality. To ensure that our government protects the civil rights of transgender Americans, I charged my team with coordinating across the federal government to address the epidemic of violence and advance equality for transgender people. I continue to call on state leaders and lawmakers to combat the disturbing proliferation of discriminatory state legislation targeting transgender people, especially transgender children. As I have said before, these bills are nothing more than bullying disguised as legislation, they are un-American, and they endanger the safety and well-being of our children. I also continue to urge the Senate to swiftly pass the Equality Act so that all people are able to live free from fear and discrimination.

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. Today, we remember. Tomorrow—and every day—we must continue to act. "

President Joe Biden, November 20, 2021.

    Click here for original statement

    Click here for plan for action

Pres. Biden Marks 40th Anniversary of First Report of AIDS Patients

" Forty years ago today, five young men in Los Angeles were confirmed as the first known patients stricken with an illness that the world would later come to know as AIDS. In the decades since, more than 700,000 Americans and 32.7 million people worldwide have been lost to AIDS-related illnesses – a heartbreaking human toll that has disproportionately devastated LGBTQ+ communities, communities of color, and underserved and marginalized people around the world.

On the 40th year of the HIV/AIDS epidemic, we remember the lives that were cut short by this terrible disease – including so many whose pain went unacknowledged for far too long. We also celebrate the resilience and dignity of the over 38 million people worldwide, including approximately 1.2 million Americans, living with HIV.

Thanks to the tireless dedication of activists, scientific researchers, and medical professionals, we have made tremendous progress to advance HIV research, prevention, treatment, and care. And after years of neglect, discrimination, fear-mongering, and limited action by government officials and the public, America has grown to become a leading force in the fight to end the HIV crisis. Through the President’s Emergency Plan for AIDS Relief – and as the largest donor to the Global Fund to Fight AIDS, Tuberculosis, and Malaria – the U.S. has invested more than $85 billion since 2002 to support HIV programs around the world, including $250 million provided in my American Rescue Plan to address the impacts of COVID-19 on our progress in the fight against HIV. All told, these efforts are estimated to have saved more than 20 million lives globally. To help accelerate and strengthen our efforts to end the HIV epidemic in the United States, 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.

Despite the progress we’ve made, our work is not yet finished. In honor of all those we have lost and all those living with the virus – and the selfless caregivers, advocates, and loved ones who have helped carry the burden of this crisis – we must rededicate ourselves to reducing HIV infections and AIDS-related deaths. We must continue empowering researchers, scientists, and health care providers to ensure equitable access to prevention, care, and treatment in every community – particularly for communities of color and the LGBTQ+ community. And we must provide moral leadership to eradicate the stigma and discrimination still faced by those living with HIV, rededicating ourselves to continuing the vital work of ending this epidemic once and for all. "

President Joe Biden, June 5, 2021

     Click here to see original   

 

 

Ambassadors Support Polish LGBTI Community

" Open letter of the Ambassadors of Argentina, Australia, Austria, Canada, Chile, Croatia, Cyprus, Czech Republic, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Israel, Italy, Latvia, Lithuania, Luxembourg, Malta, Montenegro, The Netherlands, New Zealand, North Macedonia, Norway, Portugal, San Marino, Serbia, Slovenia, Spain, Sweden, Switzerland, Ukraine, United Kingdom, Venezuela, as well as the General Representative of the Government of Flanders, the CEO of Wallonie-Bruxelles International, the Head of the European Parliament Liaison Office in Poland, the Representatives in Poland of the European Commission and of the UNHCR, the Director of The OSCE Office for Democratic Institutions and Human Rights, the Chief of Mission of the International Organization for Migration and the Secretary General of the Community of Democracies, and, as members of the troika of coordinating embassies: Belgium, Denmark and the United States. 

This year, the letter has been coordinated by the Embassy of the Kingdom of Denmark in Poland. 

On the occasion of the International Day against Homophobia, Biphobia and Transphobia (IDAHOT), we express our support for the efforts to raise public awareness of issues affecting the lesbian, gay, bisexual, transgender and intersex (LGBTI) community and other communities in Poland facing similar challenges.  

To this end, we acknowledge the efforts of the organisers of the equality parade and marchesin Białystok, Bydgoszcz, Częstochowa, Gdynia, Gniezno, Gorzów Wielkopolski, Kalisz, Katowice, Kielce, Konin, Koszalin, Kraków, Lublin, Łódź, Olsztyn, Opole, Piła, Płock, Poznań, Radomsko, Rzeszów, Szczecin, Toruń, Trójmiasto, Warsaw, Włocławek, Wrocław and Zielona Góra. 

We affirm the inherent dignity of each individual asexpressed in the Universal Declaration of Human Rights.

Respect for these fundamental rights, which are also enshrined in OSCE commitments and the obligations and standards of the Council of Europe and the European Union as communities of rights and values, obliges governments to protect all citizens from violence and discrimination and to ensure they enjoy equal opportunities.   

To this end, and in particular to shield communities in need of protection from verbal and physical abuse and hate speech, we need to jointly work on an environment of non-discrimination, tolerance and mutual acceptance. 

This includes in particular sectors such as education, health, social affairs, citizenship, public service and public documents.

We pay tribute to the hard work of LGBTI and other communities in Poland and around the world, as well as the work of all those who seek to ensure human rights for LGBTI and other persons belonging to communities facing similar challenges, and to end discrimination in particular on the basis of sexual orientation or gender identity.  

Human rights are universal and everyone, including LGBTI persons -are entitled to their full enjoyment.  

This is something that everyone should support. "

Letter marking International Day Against Homophobia, May 17, 2021.

      Click here to see the original

 

 

 

HHS Prohibits Discrimination Based on Sexual Orientation and Gender Identity

HHS Office for Civil Rights to Enforce Prohibitions on Sex Discrimination in Line with Supreme Court Decision

Washington D.C. – Today, the Department of Health and Human Services announced that the Office for Civil Rights will interpret and enforce Section 1557 and Title IX’s prohibitions on discrimination based on sex to include: (1) discrimination on the basis of sexual orientation; and (2) discrimination on the basis of gender identity.  Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in covered health programs or activities.  The update was made in light of the U.S. Supreme Court’s decision in Bostock v. Clayton County and subsequent court decisions.

“The Supreme Court has made clear that people have a right not to be discriminated against on the basis of sex and receive equal treatment under the law, no matter their gender identity or sexual orientation. That’s why today HHS announced it will act on related reports of discrimination,” said HHS Secretary Xavier Becerra.  “Fear of discrimination can lead individuals to forgo care, which can have serious negative health consequences. It is the position of the Department of Health and Human Services that everyone – including LGBTQ people - should be able to access health care, free from discrimination or interference, period.”

Discrimination in health care impacts health outcomes. Research shows that one quarter of LGBTQ people who faced discrimination postponed or avoided receiving needed medical care for fear of further discrimination.

“The mission of our Department is to enhance the health and well-being of all Americans, no matter their gender identity or sexual orientation. All people need access to healthcare services to fix a broken bone, protect their heart health, and screen for cancer risk,” said Dr. Rachel Levine, Assistant Secretary for Health.  “No one should be discriminated against when seeking medical services because of who they are.”  

The Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (the Department) is responsible for enforcing Section 1557 of the Affordable Care Act (Section 1557) and regulations issued under Section 1557, protecting the civil rights of individuals who access or seek to access covered health programs or activities. Covered entities are prohibited from discriminating against consumers on the basis of sexual orientation or gender identity.

“OCR’s mission is to protect people from all forms of discrimination,” said Robinsue Frohboese, Acting OCR Director.  “OCR will follow Supreme Court precedent and federal law, and ensure that the law’s protections extend to those individuals who are discriminated against based on sexual orientation and gender identity.”

On June 15, 2020, the U.S. Supreme Court held that Title VII of the Civil Rights Act of 1964 (Title VII)’s prohibition on employment discrimination based on sex encompasses discrimination based on sexual orientation and gender identity. Bostock v. Clayton County, GA, 140 S. Ct. 1731 (2020). The Bostock majority concluded that the plain meaning of “because of sex” in Title VII necessarily included discrimination because of sexual orientation and gender identity. Id. at 1753-54. Consistent with the Supreme Court’s decision in Bostock and Title IX, beginning today OCR will interpret Section 1557’s prohibition on discrimination on the basis of sex to include: (1) discrimination on the basis of sexual orientation; and (2) discrimination on the basis of gender identity.  This interpretation will guide OCR in processing complaints and conducting investigations, but does not itself determine the outcome in any particular case or set of facts... "

HHS Announces Prohibition on Sex Discrimination Includes Discrimination on the Basis of Sexual Orientation and Gender Identity, May 10, 2021.

       click here to see original

 

 

 

Pres. Biden Issues "Memorandum on Advancing the Human Rights of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Persons Around the World"

" This memorandum reaffirms and supplements the principles established in the Presidential Memorandum of December 6, 2011 (International Initiatives to Advance the Human Rights of Lesbian, Gay, Bisexual, and Persons).  That memorandum, for the first time, directed executive departments and agencies (agencies) engaged abroad to ensure that United States diplomacy and foreign assistance promote and protect the human rights of lesbian, gay, bisexual, and transgender persons everywhere.  This memorandum builds upon that historic legacy and updates the 2011 memorandum.

All human beings should be treated with respect and dignity and should be able to live without fear no matter who they are or whom they love.  Around the globe, including here at home, brave lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) activists are fighting for equal protection under the law, freedom from violence, and recognition of their fundamental human rights.  The United States belongs at the forefront of this struggle — speaking out and standing strong for our most dearly held values.  It shall be the policy of the United States to pursue an end to violence and discrimination on the basis of sexual orientation, gender identity or expression, or sex characteristics, and to lead by the power of our example in the cause of advancing the human rights of LGBTQI+ persons around the world.

Through this memorandum, I am directing all agencies engaged abroad to ensure that United States diplomacy and foreign assistance promote and protect the human rights of LGBTQI+ persons.  Specifically, I direct the following actions, consistent with applicable law:

Section 1.  Combating Criminalization of LGBTQI+ Status or Conduct Abroad.  Agencies engaged abroad are directed to strengthen existing efforts to combat the criminalization by foreign governments of LGBTQI+ status or conduct and expand efforts to combat discrimination, homophobia, transphobia, and intolerance on the basis of LGBTQI+ status or conduct.  The Department of State shall, on an annual basis and as part of the annual report submitted to the Congress pursuant to sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)), report on human rights abuses experienced by LGBTQI+ persons globally.  This reporting shall include anti-LGBTQI+ laws as well as violence and discrimination committed by both state and nonstate actors against LGBTQI+ persons.

Sec. 2.  Protecting Vulnerable LGBTQI+ Refugees and Asylum Seekers.  LGBTQI+ persons who seek refuge from violence and persecution face daunting challenges.  In order to improve protection for LGBTQI+ refugees and asylum seekers at all stages of displacement, the Departments of State and Homeland Security shall enhance their ongoing efforts to ensure that LGBTQI+ refugees and asylum seekers have equal access to protection and assistance, particularly in countries of first asylum.  In addition, the Departments of State, Justice, and Homeland Security shall ensure appropriate training is in place so that relevant Federal Government personnel and key partners can effectively identify and respond to the particular needs of LGBTQI+ refugees and asylum seekers, including by providing to them adequate assistance and ensuring that the Federal Government takes all appropriate steps, such as potential increased use of Embassy Priority-1 referrals, to identify and expedite resettlement of highly vulnerable persons with urgent protection needs.

Sec. 3.  Foreign Assistance to Protect Human Rights and Advance Nondiscrimination.  Agencies involved with foreign aid, assistance, and development programs shall expand their ongoing efforts to ensure regular Federal Government engagement with governments, citizens, civil society, and the private sector to promote respect for the human rights of LGBTQI+ persons and combat discrimination.  Agencies involved with foreign aid, assistance, and development programs should consider the impact of programs funded by the Federal Government on human rights, including the rights of LGBTQI+ persons, when making funding decisions, as appropriate and consistent with applicable law.

Sec. 4.  Swift and Meaningful United States Responses to Human Rights Abuses of LGBTQI+ Persons Abroad.  The Department of State shall lead a standing group, with appropriate interagency representation, to help ensure the Federal Government’s swift and meaningful response to serious incidents that threaten the human rights of LGBTQI+ persons abroad.  When foreign governments move to restrict the rights of LGBTQI+ persons or fail to enforce legal protections in place, thereby contributing to a climate of intolerance, agencies engaged abroad shall consider appropriate responses, including using the full range of diplomatic and assistance tools and, as appropriate, financial sanctions, visa restrictions, and other actions.

Sec. 5.  Building Coalitions of Like-Minded Nations and Engaging International Organizations in the Fight Against LGBTQI+ Discrimination.  Bilateral relationships with allies and partners, as well as multilateral fora and international organizations, are key vehicles to promote respect for and protection of the human rights of LGBTQI+ persons and to bring global attention to these goals.  Agencies engaged abroad should strengthen the work they have done and initiate additional efforts with other nations, bilaterally and within multilateral fora and international organizations, to:  counter discrimination on the basis of LGBTQI+ status or conduct; broaden the number of countries willing to support and defend the human rights of LGBTQI+ persons; strengthen the role, including in multilateral fora, of civil society advocates on behalf of the human rights of LGBTQI+ persons; and strengthen the policies and programming of multilateral institutions, including with respect to protecting vulnerable LGBTQI+ refugees and asylum seekers.

Sec. 6.  Rescinding Inconsistent Policies and Reporting on Progress.  Within 100 days of the date of this memorandum or as soon as possible thereafter, all agencies engaged abroad shall review and, as appropriate and consistent with applicable law, take steps to rescind any directives, orders, regulations, policies, or guidance inconsistent with this memorandum, including those issued from January 20, 2017, to January 20, 2021, to the extent that they are inconsistent with this memorandum.  The heads of such agencies shall also, within 100 days of the date of this memorandum, report to the President on their progress in implementing this memorandum and recommend additional opportunities and actions to advance the human rights of LGBTQI+ persons around the world.  Agencies engaged abroad shall each prepare a report within 180 days of the date of this memorandum, and annually thereafter, on their progress toward advancing these initiatives.  All such agencies shall submit these reports to the Department of State, which will compile a report on the Federal Government’s progress in advancing these initiatives for transmittal to the President.  The Department of State shall make a version of the compiled annual report available to the Congress and the public..... "

President Joe Biden, February 4, 2021; Memorandum on Advancing the Human Rights of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Persons Around the World.

      Click here to see the original

President Biden Issues "Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation"

 

" By the authority vested in me as President by the Constitution and the laws of the United States of America, it is ordered as follows:

Section 1.  Policy.  Every person should be treated with respect and dignity and should be able to live without fear, no matter who they are or whom they love.  Children should be able to learn without worrying about whether they will be denied access to the restroom, the locker room, or school sports.  Adults should be able to earn a living and pursue a vocation knowing that they will not be fired, demoted, or mistreated because of whom they go home to or because how they dress does not conform to sex-based stereotypes.  People should be able to access healthcare and secure a roof over their heads without being subjected to sex discrimination.  All persons should receive equal treatment under the law, no matter their gender identity or sexual orientation.

These principles are reflected in the Constitution, which promises equal protection of the laws.  These principles are also enshrined in our Nation’s anti-discrimination laws, among them Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000e et seq.).  In Bostock v. Clayton County, 590 U.S. ___ (2020), the Supreme Court held that Title VII’s prohibition on discrimination “because of . . . sex” covers discrimination on the basis of gender identity and sexual orientation.  Under Bostock‘s reasoning, laws that prohibit sex discrimination — including Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 et seq.), the Fair Housing Act, as amended (42 U.S.C. 3601 et seq.), and section 412 of the Immigration and Nationality Act, as amended (8 U.S.C. 1522), along with their respective implementing regulations — prohibit discrimination on the basis of gender identity or sexual orientation, so long as the laws do not contain sufficient indications to the contrary.

Discrimination on the basis of gender identity or sexual orientation manifests differently for different individuals, and it often overlaps with other forms of prohibited discrimination, including discrimination on the basis of race or disability.  For example, transgender Black Americans face unconscionably high levels of workplace discrimination, homelessness, and violence, including fatal violence.

It is the policy of my Administration to prevent and combat discrimination on the basis of gender identity or sexual orientation, and to fully enforce Title VII and other laws that prohibit discrimination on the basis of gender identity or sexual orientation.  It is also the policy of my Administration to address overlapping forms of discrimination.  

Sec. 2.  Enforcing Prohibitions on Sex Discrimination on the Basis of Gender Identity or Sexual Orientation.  (a)  The head of each agency shall, as soon as practicable and in consultation with the Attorney General, as appropriate, review all existing orders, regulations, guidance documents, policies, programs, or other agency actions (“agency actions”) that:

(i)   were promulgated or are administered by the agency under Title VII or any other statute or regulation that prohibits sex discrimination, including any that relate to the agency’s own compliance with such statutes or regulations; and

(ii)  are or may be inconsistent with the policy set forth in section 1 of this order.

(b)  The head of each agency shall, as soon as practicable and as appropriate and consistent with applicable law, including the Administrative Procedure Act (5 U.S.C. 551 et seq.), consider whether to revise, suspend, or rescind such agency actions, or promulgate new agency actions, as necessary to fully implement statutes that prohibit sex discrimination and the policy set forth in section 1 of this order. 

(c)  The head of each agency shall, as soon as practicable, also consider whether there are additional actions that the agency should take to ensure that it is fully implementing the policy set forth in section 1 of this order.  If an agency takes an action described in this subsection or subsection (b) of this section, it shall seek to ensure that it is accounting for, and taking appropriate steps to combat, overlapping forms of discrimination, such as discrimination on the basis of race or disability.

(d)  Within 100 days of the date of this order, the head of each agency shall develop, in consultation with the Attorney General, as appropriate, a plan to carry out actions that the agency has identified pursuant to subsections (b) and (c) of this section, as appropriate and consistent with applicable law... "

President Joseph R. Biden Jr., The White House, January 20, 2021.

     Click here to see the original, entire Executive Order