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Biden’s LGBTQ promises complicated by coronavirus, impeachment crises

Equality Act may not reach Biden by 100-day plan



Biden’s LGBTQ agenda may be complicated by coronavirus, impeachment crises.

President-elect Joe Biden will have his hands full upon his inauguration next week with coronavirus cases surging and impeachment proceedings in Congress, which may complicate his efforts to act on campaign promises to the LGBTQ community, especially signing the Equality Act into law with 100 days.

Biden, however, seems ready to pull the trigger on one LGBTQ initiative: Just before the holidays, Biden’s team told LGBTQ leaders in a conference call that Biden on his first day in office Jan. 20 would direct the Defense Department to dismantle the transgender military ban, individuals familiar with the call told the Washington Blade.

It may take an entire year before the Pentagon is completely able to undo the ban, which President Trump initiated by tweet in July 2017.

But after that day one action, things get more complicated. The cornerstone of Biden’s commitment to LGBTQ people during his presidential campaign was the Equality Act, which Biden called his No. 1 legislative priority and pledged to sign within 100 days of his administration. The Equality Act would amend the Civil Rights Act of 1964 to expand the prohibition on anti-LGBTQ discrimination under federal law.

Expectations are tamped down, to say the least, with coronavirus infections and deaths hitting record highs, an unsatisfactory rollout of the vaccines and the upcoming impeachment trial of President Trump, which would bar him from holding office in the future. The impeachment trial alone may hamper efforts in the U.S. Senate to confirm Biden’s Cabinet officials, which need to be addressed before significant action on any piece of Biden’s agenda can happen.

For the most part, LGBTQ advocates who spoke to the Blade on condition of anonymity for greater candor, were open to granting Biden leeway amid the coronavirus and impeachment crises.

“I think we’ve gotten the commitments that we expected and hoped for and sought from the Biden team and from legislative leadership, and what that means for us now is holding them accountable, but also understanding that the country, our democracy, and the ability of people to actually live is going to take priority,” said one LGBTQ advocate.

The LGBTQ advocate pointed out the committee of jurisdiction for the Equality Act in the Senate is the Judiciary Committee, the same panel responsible for coordinating Trump’s impeachment trial.

But the idea that leeway should be granted to Biden on LGBTQ issues amid national crises isn’t shared by everyone, and it remains to be seen how much patience LGBTQ movement leaders will have before they start calling him out for not acting on his campaign promises. If the Equality Act stalls out in Congress, the handful of advocates who had called for a LGBTQ policy staffer on the Biden campaign and transition team, may feel vindicated.

“The notion that our government can only focus on one thing at a time isn’t acceptable,” one Democratic insider told the Blade. “You can’t have the agenda and policy goals that Biden does and not have the process to move faster.”

Instead of watching the Equality Act become law in 100 days, the bill’s supporters may have to settle for having the legislation passed in one chamber of Congress within the 100-day timeframe. One LGBTQ advocate said House Speaker Nancy Pelosi (D-Calif.) has privately signaled she would bring up the Equality Act in the U.S. House early on during the Biden administration, which is expected to translate to a floor vote within 100 days.

Pelosi’s office, however, hasn’t responded to repeated requests from the Blade since September on when she’d hold a vote on the Equality Act in the next administration.

In the Senate, one LGBTQ advocate predicted the U.S. Senate wouldn’t take up the legislation until summer or fall, and that would be only for the initial steps of committee action. Other LGBTQ advocates, however, strongly pushed back on that assessment and said no decisions have been made about the timing for Senate action on the Equality Act.

Sen. Jeff Merkley (D-Ore.) has sponsored the Equality Act in the U.S. Senate. He told the Blade through a spokesperson he’d continue to push for the legislation.

“The Equality Act is one of Sen. Merkley’s most critical legislative priorities for 2021, and he will be urging leaders in both chambers to move expeditiously and seize the window of opportunity to pass this historic legislation,” Martina McLennan, a Merkley spokesperson, said.

With the Senate in a 50-50 party split, another wrinkle in the Equality Act is having to overcome the legislative filibuster, the Senate tradition requiring 60 votes to move forward with debate on a bill if one member objects. Would the Equality Act be the piece of legislation that would be the tool to end the filibuster, which has been criticized as a relic of structural racism? Sen. Joe Manchin (D-W.Va.) has emphatically signaled he won’t vote to junk the legislative filibuster, so that idea might be dead on arrival.

If the 60-vote threshold remains intact, the bill’s supporters would have to find 10 Republicans willing to vote for the bill, which would be a tall order especially within the 100-day timeframe Biden has envisioned. The only Senate Republican who has previously signaled support is Sen. Susan Collins (R-Maine).

The offices of Sen. Richard Durbin (D-Ill.), the new chair of the Senate Judiciary Committee, and soon-to-be Senate Majority Leader Charles Schumer (D-N.Y.) didn’t respond to a request Wednesday from the Blade to comment on the Equality Act.

With passage of the Equality Act in question, LGBTQ advocates are instead renewing calls on Biden to sign an executive order directing federal agencies to implement fully the U.S. Supreme Court’s decision in Bostock v. Clayton County, which found anti-LGBTQ discrimination is a form of sex discrimination, thus illegal under existing civil rights law.

The Center for American Progress on Tuesday issued a new report, “Improving the Lives and Rights of LGBTQ People in America: A Road Map for the Biden Administration,” which makes the executive order to implement a centerpiece in their proposal.

Sharita Gruberg, senior director for LGBTQ research and communications at the Center for American Progress, said during a conference call with reporters Tuesday the Biden transition team has been “receptive” to the requests in the report, but any declined to specify if any timing commitments were made.

“We get the impression that the Biden administration definitely prioritizes these issues and understands the need for immediate action,” Gruberg added. “The Equality Act is competing with a lot of other very critical priorities, but again, we have received every indication from champions, as well as the administration that this remains a critical priority.”

The executive order to implement Bostock, however, wouldn’t be as sweeping as the Equality Act because no law bans sex discrimination in federal programs or public accommodations. The Equality Act would amend the Civil Rights Act to ban sex and anti-LGBTQ discrimination in those venues and expand the definition of public accommodations to include retail stores, banks, transportation services and health care services.

One Democratic insider close to the transition team said dozens of executive orders are before Biden in draft form and he’d “sign a steady series of them” beginning next week, but whether or not a directive is among them implementing the Bostock decision is unclear.

Another emerging request from the American Civil Liberties Union is an executive order directing federal agencies to update government-issued IDs and to remove medical documentation requirements for a change in gender marker and the selection of a non-binary option, which would be consistent with both Biden’s and Vice President-elect Kamala Harris’s campaign pledges to allow for a third-gender option.

Arli Christian, national political campaign strategist with the ACLU, said Biden team members were supportive about the idea of an executive order to implement the president-elect’s campaign promise for self-attestation of gender and a gender-neutral option on government IDs, but said they were still figuring out details on the path moving forward.

“This executive order would go beyond cleaning up the mess of the last four years and actually move the ball forward on rights and recognition of trans and non-binary Americans,” Christian said. “It’s a way the new administration can really show that they’re a proactive champion of trans rights.”

Biden’s comprehensive LGBTQ plan, which he proposed during the Democratic primary, also puts additional timelines on Biden’s LGBTQ plans. According to the plan, Biden “on his first day in office” would direct the Department of Education to reissue Title IX guidance requiring schools to grant transgender kids access to sports, bathrooms and locker rooms consistent with their gender identity, which was rescinded during the first year of the Trump administration.

The guidance could be folded into an executive order implementing the Bostock decision because they both relate to interpreting laws on sex discrimination, including Title IX of the Education Amendments of 1972, to apply to cases of anti-LGBTQ discrimination. In any event, Biden is expected to reverse the Department of Education’s interpretation of Bostock under the Trump administration, which just last week issued a memo excluding transgender kids from Title IX in contravention of widespread interpretation of the law.

Another campaign promise Biden made to the LGBTQ community with a timeline in his comprehensive plan was a presidential memorandum within one week after inauguration prioritizing his administration’s support for LGBTQ+ human rights and development worldwide. It’s unclear where the memorandum stands in the week before Biden takes office.

LGBTQ-specific appointments Biden pledged to name as part of his administration who would help push along his LGBTQ commitments remained undecided, including the White House LGBTQ liaison and the State Department envoy for international LGBTQ rights.

Among leaders in the LGBTQ movement, there’s widespread expectation Reggie Greer, who handled LGBTQ outreach for the Biden campaign, will become White House LGBTQ liaison. Greer would have support from LGBTQ movement leaders as an alum of the LGBTQ Victory Institute.

For the position of State Department LGBTQ envoy, one name enumerated by LGBTQ advocates in foreign affairs as a potential contender — and who has support in the LGBTQ movement — is Jessica Stern of OutRight International. Another contender is Todd Larson, senior LGBTQ coordinator at the U.S. Agency for International Development, whom sources say is gunning for the job.

Insiders also said there’s talk of naming a Foreign Service officer to the role, but LGBTQ movement leaders have said they don’t want a gay white male for the position, and the LGBTQ candidates who could be chosen from that pool are overwhelmingly gay white men.

Jamal Brown, a spokesperson for the Biden transition team, affirmed Biden remains committed to his campaign promises to the LGBTQ community and would act on his first day in office, but declined to elaborate on details.

“President-elect Biden is committed to advancing the most pro-equality agenda in history and his administration will begin implementing that vision on day one,” Brown said.

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Top 10 Blade news stories by web traffic

COVID breakthroughs, Equality Act, and anti-trans attacks



Elliot Page created excitement by posting his first photo in swim trunks back in May.

Each year our staff gathers in late December to review the highest trafficked stories of the year and there’s more than a little bit of competitive spirit as we review the results. Here are the top 10 stories by web traffic at  HYPERLINK “” for 2021.

#10: Mark Glaze, gun reform advocate, dies at 51

The sad, tragic story of Glaze’s death captivated readers in November. 

#9: COVID breakthrough infections strike summer tourists visiting Provincetown

This one went viral in July after a COVID outbreak was blamed on gay tourists.

#8: Thank you, Kordell Stewart, for thoughtful response to ‘the rumor’

This opinion piece thanked the former NFL quarterback for writing a personal essay addressing gay rumors. 

#7: Elliot Page tweets; trans bb’s first swim trunks #transjoy #transisbeautiful

The actor created excitement by posting his first photo in swim trunks back in May.

#6: Romney declares opposition to LGBTQ Equality Act

Mitt Romney disappointed activists with his announcement; the Equality Act passed the House but never saw a vote in the Senate.

#5: White House warns state legislatures that passing anti-trans bills is illegal

The year 2021 saw a disturbing trend of GOP-led legislatures attacking trans people.

#4: Lincoln Project’s avowed ignorance of Weaver texts undercut by leaked communications

The Lincoln Project’s leaders, amid a scandal of co-founder John Weaver soliciting sexual favors from young men, have asserted they were unaware of his indiscretions until the Blade obtained electronic communications that called that claim into question.

#3: FOX 5’s McCoy suspended over offensive Tweet

Blake McCoy tweeted that obese people shouldn’t get priority for the COVID vaccine. 

#2: Transgender USAF veteran trapped in Taliban takeover of Kabul

Among the Americans trapped in the suburban areas of Kabul under Taliban control was a transgender government contractor for the U.S. State Department and former U.S. Air Force Sergeant. She was later safely evacuated.

#1: Amid coup chaos, Trump quietly erases LGBTQ protections in adoption, health services

And our most popular story of 2021 was about the Trump administration nixing regulations barring federal grantees in the Department of Health & Human Services from discriminating against LGBTQ people, including in adoption services.

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CDC still falling short on LGBTQ data collection for COVID patients: expert



COVID-19 vaccine, gay news, Washington Blade
The CDC is still not issuing guidance to states on LGBTQ data collection among COVID patients.

Despite requests since the start of the COVID pandemic for the U.S. government to enhance data collection for patients who are LGBTQ, the Centers for Disease Control & Prevention is still falling short on issuing nationwide guidance to states on the issue, a leading expert health on the issue told the Blade.

With a renewed focus on COVID infections reaching new heights just before the start of the holidays amid the emergence of Omicron, the absence of any LGBTQ data collection — now across both the Trump and Biden administrations — remains a sore point for health experts who say that information could be used for public outreach.

Sean Cahill, director of Health Policy Research at the Boston-based Fenway Institute, said Wednesday major federal entities and hospitals have been collecting data on whether patients identify as LGBTQ for years — such as the National Health & Nutrition Examination Survey, which has been collecting sexual orientation data since the 1990s — but the CDC hasn’t duplicated that effort for COVID even though the pandemic has been underway for two years.

“It’s not like this is a new idea,” Cahill said. “But for some reason, the pandemic hit, and all of a sudden, we realize how little systematic data we were collecting in our health system. And it’s a real problem because we’re two years into the pandemic almost, and we still don’t know how it’s affecting this vulnerable population that experiences health disparities in other areas.”

The Blade was among the first outlets to report on the lack of efforts by the states to collect data on whether a COVID patient identifies as LGBTQ, reporting in April 2020 on the absence of data even in places with influential LGBTQ communities. The CDC hasn’t responded to the Blade’s requests for nearly two years on why it doesn’t instruct states to collect this data, nor did it respond this week to a request for comment on this article.

Cahill, who has published articles in the American Journal of Public Health on the importance of LGBTQ data collection and reporting in COVID-19 testing, care, and vaccination — said he’s been making the case to the CDC to issue guidance to states on whether COVID patients identify as LGBTQ since June 2020.

Among those efforts, he said, were to include two comments he delivered to the Biden COVID-19 Health Equity Task Force in spring 2021, a letter a coalition of groups sent to the Association of State & Territorial Health Officers asking for states to collect and report SOGI in COVID in December 2020 as well as letters to HHS leadership and congressional leadership in spring and summer 2020 asking for them to take steps to encourage or require SOGI data collection in COVID.

Asked what CDC officials had to say in response when he brought this issue to their attention, Cahill said, “They listen, but they don’t really tell me anything.”

“We’ve been making that case, and to date, as of December 22, 2021, they have not issued guidance, they have not changed the case report form. I hope that they’re in the process of doing that, and maybe we’ll be pleasantly surprised in January, and they’ll come up with something…I really hope that’s true, but right now they’re not doing anything to promote SOGI data collection and reporting in surveillance data.”

Cahill, in an email to the Blade after the initial publication of this article, clarified CDC has indicated guidance on LGBTQ data collection for COVID patients may come in the near future.

“HHS leaders told us this fall that CDC is working on an initiative to expand SOGI data collection,” Cahill said. “We are hopeful that we will see guidance early in 2022. Key people at CDC, including Director Walensky, understand the importance of SOGI data collection given their long history of working on HIV prevention.”

In other issues related to LGBTQ data collection, there has been a history of states resisting federal mandates. The Trump administration, for example, rescinded guidance calling on states to collect information on whether foster youth identified as LGBTQ after complaints from states on the Obama-era process, much to the consternation of LGBTQ advocates who said the data was helpful.

The White House COVID-19 Health Equity Task Force has at least recognized the potential for enhancing LGBTQ data collection efforts. Last month, it published an implementation plan, calling for “an equity-centered approach to data collection, including sufficient funding to collect data for groups that are often left out of data collection (e.g….LGBTQIA+ people).”

The plan also calls for “fund[ing] activities to improve data collection…including tracking COVID-19 related outcomes for people of color and other underserved populations,” and specifically calls for the collection of LGBTQ data.

The importance of collecting LGBTQ data, Cahill said, is based on its potential use in public outreach, including efforts to recognize disparities in health population and to create messaging for outreach, including for populations that may be reluctant to take the vaccine.

“If we see a disparity, we can say: Why is that?” Cahill said. “We could do focus groups of the population — try to understand and then what kind of messages would reassure you and make you feel comfortable getting a vaccine, and we could push those messages out through public education campaigns led by state local health departments led by the federal government.”

The LGBTQ data, Cahill said, could be broken down further to determine if racial and ethnic disparities exist within the LGBTQ population, or whether LGBTQ people are likely to suffer from the disease in certain regions, such as the South.

“We have data showing that lesbian or bisexual women, and transgender people are less likely to be in preventive regular routine care for their health,” Cahill said. “And so if that’s true, there’s a good chance that they’re less likely to know where to get a vaccine, to have a medical professional they trust to talk to about it today.”

Among the leaders who are supportive, Cahill said, is Rachel Levine, assistant secretary for health and the first openly transgender person confirmed by the U.S. Senate for a presidential appointment. Cahill said he raised the issue with her along with other officials at the Department of Health & Human Services three times in the last year.

In her previous role as Pennsylvania secretary of health, Levine led the way and made her state the first in the nation to set up an LGBTQ data collection system for COVID patients.

“So she definitely gets it, and I know she’s supportive of it, but we really need the CDC to act,” Cahill said.

Although the federal government has remained intransigent in taking action, Cahill said the situation has improved among states and counted five states — California, Pennsylvania, Rhode Island, Nevada and Oregon — in addition to D.C. as among those that have elected to collect data on sexual orientation and gender identity of COVID patients.

However, Cahill said even those data collection efforts are falling short because those jurisdictions have merely been public about collecting the data, but haven’t reported back anything yet.

“Only California has reported data publicly, and the data that they’re reporting is really just the completeness of the data,” Cahill said. “They’re not reporting the data itself…And they’re also just asking people who tests positive. So, if somebody says positive COVID in California, a contact tracer follows up with that individual and asks them a battery of questions, and among the questions that are asked are SOGI questions.”

As a result of these efforts, Cahill said, California has data on the LGBTQ status of COVID patients, but the data is overwhelmingly more complete for the gender identity of these patients rather than their sexual orientation. As of May 2021, California reported that they had sexual orientation data for 9.5 percent of individuals who had died from COVID and 16 percent of people who tested positive, but for gender identity, the data were 99.5 percent.

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Equality Act, contorted as a danger by anti-LGBTQ forces, is all but dead

No political willpower to force vote or reach a compromise



Despite having President Biden in the White House and Democratic majorities in both chambers of Congress, efforts to update federal civil rights laws to strengthen the prohibition on discrimination against LGBTQ people by passing the Equality Act are all but dead as opponents of the measure have contorted it beyond recognition.

Political willpower is lacking to find a compromise that would be acceptable to enough Republican senators to end a filibuster on the bill — a tall order in any event — nor is there the willpower to force a vote on the Equality Act as opponents stoke fears about transgender kids in sports and not even unanimity in the Democratic caucus in favor of the bill is present, stakeholders who spoke to the Blade on condition of anonymity said.

In fact, there are no imminent plans to hold a vote on the legislation even though Pride month is days away, which would be an opportune time for Congress to demonstrate solidarity with the LGBTQ community by holding a vote on the legislation.

If the Equality Act were to come up for a Senate vote in the next month, it would not have the support to pass. Continued assurances that bipartisan talks are continuing on the legislation have yielded no evidence of additional support, let alone the 10 Republicans needed to end a filibuster.

“I haven’t really heard an update either way, which is usually not good,” one Democratic insider said. “My understanding is that our side was entrenched in a no-compromise mindset and with [Sen. Joe] Manchin saying he didn’t like the bill, it doomed it this Congress. And the bullying of hundreds of trans athletes derailed our message and our arguments of why it was broadly needed.”

The only thing keeping the final nail from being hammered into the Equality Act’s coffin is the unwillingness of its supporters to admit defeat. Other stakeholders who spoke to the Blade continued to assert bipartisan talks are ongoing, strongly pushing back on any conclusion the legislation is dead.

Alphonso David, president of the Human Rights Campaign, said the Equality Act is “alive and well,” citing widespread public support he said includes “the majority of Democrats, Republicans and independents and a growing number of communities across the country engaging and mobilizing every day in support of the legislation.”

“They understand the urgent need to pass this bill and stand up for LGBTQ people across our country,” David added. “As we engage with elected officials, we have confidence that Congress will listen to the voices of their constituents and continue fighting for the Equality Act through the lengthy legislative process.  We will also continue our unprecedented campaign to grow the already-high public support for a popular bill that will save lives and make our country fairer and more equal for all. We will not stop until the Equality Act is passed.”

Sen. Jeff Merkley (D-Ore.), chief sponsor of the Equality Act in the Senate, also signaled through a spokesperson work continues on the legislation, refusing to give up on expectations the legislation would soon become law.

“Sen. Merkley and his staff are in active discussions with colleagues on both sides of the aisle to try to get this done,” McLennan said. “We definitely see it as a key priority that we expect to become law.”

A spokesperson Senate Majority Leader Charles Schumer (D-N.Y.), who had promised to force a vote on the Equality Act in the Senate on the day the U.S. House approved it earlier this year, pointed to a March 25 “Dear Colleague” letter in which he identified the Equality Act as one of several bills he’d bring up for a vote.

Despite any assurances, the hold up on the bill is apparent. Although the U.S. House approved the legislation earlier this year, the Senate Judiciary Committee hasn’t even reported out the bill yet to the floor in the aftermath of the first-ever Senate hearing on the bill in March. A Senate Judiciary Committee Democratic aide, however, disputed that inaction as evidence the Equality Act is dead in its tracks: “Bipartisan efforts on a path forward are ongoing.”

Democrats are quick to blame Republicans for inaction on the Equality Act, but with Manchin withholding his support for the legislation they can’t even count on the entirety of their caucus to vote “yes” if it came to the floor. Progressives continue to advocate an end to the filibuster to advance legislation Biden has promised as part of his agenda, but even if they were to overcome headwinds and dismantle the institution needing 60 votes to advance legislation, the Equality Act would likely not have majority support to win approval in the Senate with a 50-50 party split.

The office of Manchin, who has previously said he couldn’t support the Equality Act over concerns about public schools having to implement the transgender protections applying to sports and bathrooms, hasn’t responded to multiple requests this year from the Blade on the legislation and didn’t respond to a request to comment for this article.

Meanwhile, Sen. Susan Collins (R-Maine), who declined to co-sponsor the Equality Act this year after having signed onto the legislation in the previous Congress, insisted through a spokesperson talks are still happening across the aisle despite the appearances the legislation is dead.

“There continues to be bipartisan support for passing a law that protects the civil rights of Americans, regardless of their sexual orientation or gender identity,” said Annie Clark, a Collins spokesperson. “The Equality Act was a starting point for negotiations, and in its current form, it cannot pass. That’s why there are ongoing discussions among senators and stakeholders about a path forward.”

Let’s face it: Anti-LGBTQ forces have railroaded the debate by making the Equality Act about an end to women’s sports by allowing transgender athletes and danger to women in sex-segregated places like bathrooms and prisons. That doesn’t even get into resolving the issue on drawing the line between civil rights for LGBTQ people and religious freedom, which continues to be litigated in the courts as the U.S. Supreme Court is expected any day now to issue a ruling in Fulton v. City of Philadelphia to determine if foster care agencies can reject same-sex couples over religious objections.

For transgender Americans, who continue to report discrimination and violence at high rates, the absence of the Equality Act may be most keenly felt.

Mara Keisling, outgoing executive director of the National Center for Transgender Equality, disputed any notion the Equality Act is dead and insisted the legislation is “very much alive.”

“We remain optimistic despite misinformation from the opposition,” Keisling said. “NCTE and our movement partners are still working fruitfully on the Equality Act with senators. In fact, we are gaining momentum with all the field organizing we’re doing, like phone banking constituents to call their senators. Legislating takes time. Nothing ever gets through Congress quickly. We expect to see a vote during this Congress, and we are hopeful we can win.”

But one Democratic source said calls to members of Congress against the Equality Act, apparently coordinated by groups like the Heritage Foundation, have has outnumbered calls in favor of it by a substantial margin, with a particular emphasis on Manchin.

No stories are present in the media about same-sex couples being kicked out of a restaurant for holding hands or transgender people for using the restroom consistent with their gender identity, which would be perfectly legal in 25 states thanks to the patchwork of civil rights laws throughout the United States and inadequate protections under federal law.

Tyler Deaton, senior adviser for the American Unity Fund, which has bolstered the Republican-led Fairness for All Act as an alternative to the Equality Act, said he continues to believe the votes are present for a compromise form of the bill.

“I know for a fact there is a supermajority level of support in the Senate for a version of the Equality Act that is fully protective of both LGBTQ civil rights and religious freedom,” Deaton said. “There is interest on both sides of the aisle in getting something done this Congress.”

Deaton, however, didn’t respond to a follow-up inquiry on what evidence exists of agreeing on this compromise.

Biden has already missed the goal he campaigned on in the 2020 election to sign the Equality Act into law within his first 100 days in office. Although Biden renewed his call to pass the legislation in his speech to Congress last month, as things stand now that appears to be a goal he won’t realize for the remainder of this Congress.

Nor has the Biden administration made the Equality Act an issue for top officials within the administration as it pushes for an infrastructure package as a top priority. One Democratic insider said Louisa Terrell, legislative affairs director for the White House, delegated work on the Equality Act to a deputy as opposed to handling it herself.

To be sure, Biden has demonstrated support for the LGBTQ community through executive action at an unprecedented rate, signing an executive order on day one ordering federal agencies to implement the U.S. Supreme Court’s decision last year in Bostock v. Clayton County to the fullest extent possible and dismantling former President Trump’s transgender military ban. Biden also made historic LGBTQ appointments with the confirmation of Transportation Secretary Pete Buttigieg and Rachel Levine as assistant secretary of health.

A White House spokesperson insisted Biden’s team across the board remains committed to the Equality Act, pointing to his remarks to Congress.

“President Biden has urged Congress to get the Equality Act to his desk so he can sign it into law and provide long overdue civil rights protections to LGBTQ+ Americans, and he remains committed to seeing this legislation passed as quickly as possible,” the spokesperson said. “The White House and its entire legislative team remains in ongoing and close coordination with organizations, leaders, members of Congress, including the Equality Caucus, and staff to ensure we are working across the aisle to push the Equality Act forward.”

But at least in the near-term, that progress will fall short of fulfilling the promise of updating federal civil rights law with the Equality Act, which will mean LGBTQ people won’t be able to rely on those protections when faced with discrimination based on sexual orientation or gender identity.

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