During his presidential campaign, President Biden promised to combat anti-transgender discrimination and violence. This Monday, he took strides towards that promise by announcing that his administration would reverse former President Trump’s policy that barred transgender people from receiving full healthcare protection.
The former Trump policy in question was a rule that minimized civil rights protections under the Affordable Care Act, ultimately removing transgender patients’ protection from gender identity discrimination by insurance companies, doctors, and hospitals. By reversing this policy, it will no longer be legally permissible for medical healthcare professionals to discriminate on either an individual’s gender identity or sexual orientation. According to the Department of Health and Human Services (HHS), this regulation is intended to diminish the fear associated with seeking medical attention.
“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,” said Xavier Becerra, HHS Secretary.
While the efforts of Biden’s administration are considered a win for the LGBTQ community and advocates, Biden had done little during his administration so far to address the violence against trans people despite using it as part of his platform to pander to the more liberal audience. Because of this, some have expressed caution about the seriousness of Biden’s commitment to trans issues.
In October, Biden said that the violence against transgender and gender non-conforming people was an “epidemic that needs national leadership,” while simultaneously blaming the previous administration for feeding “the flames of transphobia.”
“To all transgender Americans watching at home, especially the young people: You’re so brave,” Biden said in his address to a joint session of Congress. “I want you to know your president has your back.”
His vague language caused some to call out the lack of specific policies devoted to helping trans people.
For example, Kai Shappley, who recently testified against a Texas bill that would criminalize doctors and parents who provided puberty blockers or hormones to minors, questioned the purpose of Biden’s language. The 11-year-old transgender girl tweeted, “I’m very thankful for this. But, what does having my back mean? Like, if the bills pass in Texas will you keep them from putting my mom in jail?”
Similarly, the media manager at the National Women’s Law Center, Gillian Branstetter, noted in an email that the message was “a long-overdue recognition by an American president of trans people’s fight for safety, dignity, and equality under the law.” She continued, “But amid a coordinated onslaught of anti-transgender legislation, those words would ring a little truer once backed by actions from his Cabinet and, specifically, the incredible team of civil rights leaders he’s appointed at the Department of Justice.”
