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Partisan rancor continues over Gigi Sohn’s historic FCC nomination

Committee urged to reject ‘homophobic and unfair attacks’

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U.S. Sen. Ted Cruz (R-Texas) (Washington Blade photo by Christopher Kane)

Gigi Sohn, President Joe Biden’s nominee for commissioner at the Federal Communications Commission, faced a contentious third hearing before the U.S. Senate Commerce, Science and Transportation Committee on Tuesday.

“I only ask to be treated the way other nominees were treated,” she told U.S. Sen. Marsha Blackburn (R-Tenn.), who questioned Sohn’s ability to act in an objective manner if confirmed given her history of working on behalf of public interest groups.

“The role of a policymaker is different from that of an advocate,” Sohn said, noting “[Former] Chairman [Ajit] Pai worked at Verizon, and I’m sure he was a fervent advocate for Verizon” during that time and prior to his tenure as FCC chair.

The contention that Sohn has been treated differently from other nominees has recently given rise to accusations of homophobia. Last week, the LGBTQ Victory Institute issued a letter with more than 375 signatories urging Congress to confirm Sohn’s nomination.

The letter cited right-wing media coverage that has sought to infer a link between Sohn and child sexual abuse and exploitation by virtue of her membership on the board of an organization that came out against child sex trafficking laws that, the group has argued, are ineffective.

However, remarks by Republicans on the committee Tuesday did not directly address these matters. For their part, Democratic members, beginning with Committee Chair U.S. Sen. Maria Cantwell (D-Wash.), took the opportunity to celebrate that Sohn made history as the first openly gay nominee for FCC commissioner.

Those remarks were echoed later by U.S. Sen. Tammy Baldwin (D-Wis.), who was the first openly LGBTQ woman elected to serve in the House as well as in the Senate.

“Millions of people across the country including myself are grateful for you continuing to pave the way for LGBTQ people who want to serve our country,” Baldwin said.

In a comment emailed to the Washington Blade shortly after the hearing on Tuesday, U.S. Sen. Ed Markey (D-Mass.) said, “Ms. Sohn has faced baseless attacks from industry-backed lobbyists and mouthpieces since President Biden nominated her.”

“Congress must reject the homophobic and unfair attacks on Ms. Sohn and confirm her as soon as possible,” Markey said.

During the hearing, Markey noted he has known Sohn for 30 years. “She is one of the single most qualified candidates for any position ever to come before the Commerce committee for confirmation,” he said.

Markey’s comments also spotlighted the important work in which Sohn will be engaged, if and when she is confirmed to serve on the FCC.

“The FCC has important work to do to bridge the digital divide, protect consumers, and ensure that every household in our country has access to a free and open internet upheld by strong net neutrality rules,” the senator told the Blade by email.

The FCC is an independent agency governed by a bipartisan slate of commissioners serving under Democratic Chair Jessica Rosenworcel. Several of the exchanges on Tuesday focused on how American consumers have been negatively impacted by the vacancy that has remained since Sohn was first nominated by Biden in October 2021.

U.S. Sen. Amy Klobuchar (D-Minn.) asked Sohn to explain why it was important to have a fully constituted FCC for the rollout of the bipartisan infrastructure law passed by Congress last year.

“Myriad ways,” Sohn said. “First, I would love to be able to help the FCC ensure they have the most accurate broadband map … Without that, money spent by [the] Commerce Department won’t go to the right places,” she said. “I could be an enormous help in that regard.”

Spokespeople from the Commerce Department did not immediately return a request from the Blade for comment.

Republicans on the Committee, beginning with Ranking Member U.S. Sen. Ted Cruz (R-Texas) focused their comments and questions on allegations that Sohn harbors deeply held prejudice against conservatives.

“There’s a reason we’re on our third nomination hearing,” Cruz said. “She’s shown herself to be a partisan and associated herself repeatedly with the most extreme views on the far-left.”

“She has engaged in extreme vitriol,” Cruz said. “She has deep ties to far-left organizations and has promoted anti-police views.”

Sohn repeatedly batted away these accusations, which were reiterated by other GOP members, by denying that she shares all of the views espoused by public interest groups with which she has associated.

She also denied there was any link between many of the matters discussed by opponents to her nomination and the actual work she would do at the FCC if confirmed. In many cases, Sohn pointed out that the agency does not have any domain over the issues raised by committee members.

Under questioning from Republican members about instances — many of which happened several years ago — in which she retweeted or otherwise seemed to endorse incendiary messages about conservative media figures and politicians, Sohn said “I will admit that some of my tweets have been sharp,” adding, “The country has changed a lot since 2016.”

Cantwell noted that despite her past tweets, Sohn’s nomination has been endorsed by the presidents of news networks OAN and Newsmax, which are billed as more conservative alternatives to Fox News.

Freshman U.S. Sen. J.D. Vance (R-Ohio) accused Sohn, by virtue of her past comments, of being part of a “weird trend to be very racialized, to criticize racial groups,” pointing to her decision to re-tweet acclaimed actor and comedian Issa Rae’s tweet calling former President Donald Trump a “raggedy white supremacist” who “would rather kill everybody than stop killing black people.”

Vance then turned his attention to comments made by Transportation Secretary Pete Buttigieg in the wake of a train derailment earlier this month in East Palestine, Ohio, by rail cars carrying toxic chemicals.

“We had a really bad train crash in Ohio,” Vance said. “We’re doing as much as we can to help constituents. But [Sec.] Buttigieg, instead of commenting on this, focused on [what he called] the ‘terrible scourge of too many white men in the construction industry.’ It was a terrible focus for the Secretary of Transportation.”

Andrés I. Jové Rodríguez contributed to this article.

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Politics

LGBTQ lawmakers, advocacy groups condemn GOP’s anti-trans sports ban

Several members raised their objections to the bill in speeches on the House floor.

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U.S. Capitol (Washington Blade photo by Michael Key)

LGBTQ and civil rights advocacy groups and Democratic lawmakers in the U.S. House of Representatives denounced legislation passed on Tuesday by the Republican majority that would prohibit schools that receive federal education funding from allowing transgender students to participate in girls’ and women’s sports.

As the bill was brought to a vote, ultimately passing 218-206, Democrats slammed the measure in speeches on the House floor, statements from their congressional offices, and social media posts. Among them were the out LGBTQ leadership of the Congressional Equality Caucus and several allies who serve as vice-chairs.

Freshman U.S. Rep. Sarah McBride, the first transgender member of Congress, did not participate in the floor debate.

“Republicans are moving a bill that would ban transgender students of all ages from participating in sports and put all female athletes at risk for harassment and abuse,” U.S. Rep. Mark Takano (D-Calif.), who is gay and chairs the Equality Caucus, said in a video on X.

“This sports ban opens the door to subjecting all female students to secret investigations, intrusive demands for medical tests, or reviews of their private medical information,” he said. “This bill is so vaguely written that it could force any girl to undergo invasive medical exams to ‘prove’ that they are a girl.”

The congressman continued, “This bill isn’t about equity. It isn’t about fairness. It is a weaponization of the federal government against a small group of people at the expense of privacy rights for all students.”

“It does nothing to address the real inequities that female athletes face,” Takano said, “and instead overrides the authority of interscholastic and intercollegiate sports federations, as well as athletic organizations.”

Gay U.S. Rep. Mark Pocan (D-Wis.), who chaired the caucus in the previous Congress and now serves as a co-chair, said “No bill is before us to lower costs for Americans, instead it is a political attempt to divide us as a nation, stigmatizing some kids so some adults can get MAGA merit badges.

“The Republican governor of Utah vetoed a similar piece of legislation after he shared that of the 75,000 students in high school sports in Utah, only four were trans, and only one a girl playing sports. But he also mentioned the very real 86% of trans kids reporting suicidality due to issues like adults stigmatizing kids for political gain.

“Instead, today, the proposed solution is in search of an actual problem. Suggests we somehow ban girls from sports with some sort of process to determine who is a girl. Does this mean hiring potential predators to peek at the private parts of kids in locker rooms?

“Now that sounds like an actual problem to me, creating a solution to a non-existent problem by creating a problem instead of lowering costs for Americans as a sign of an ineffective congressional majority at best, I urge a no vote, and I yield back.”

U.S. Rep. Becca Balint (D-Vt.), a lesbian co-chair of the caucus who previously taught middle school history and social studies, delivered an impassioned floor speech, telling Republican House Speaker Mike Johnson (La.) “I rise in fierce opposition to this bill”:

“Trans Americans are not the problem. This obsession with monitoring kids’ genitals is absolutely the problem.

“Let’s be clear. This is about kids. My kids, your kids, all kids. All kids, even elementary school kids playing basketball. I’m a mom of two teens. I’m a former teacher. I know what kids are going through in school. They are already self-conscious about their bodies. They just want to be on the soccer field with their friends. They certainly do not want to be humiliated by members of Congress.

“So, come on, let’s talk about what enforcement looks like, because you guys, you don’t want to talk about it. We know there is only one logical conclusion to this. This is interrogation of young girls. About their bodies. This is asking people to show them what is underneath their underwear.”

“That is what we’re talking about. This is the logical conclusion for this bill. So, it’s vile. It’s twisted. They don’t want to talk about the details. It’s an absolute invasion of children’s privacy. Far from protecting anyone, it puts our children at risk. And actually, I urge colleagues on both sides of the aisle to reject this government overreach.”

Gay caucus co-chair U.S. Rep. Robert Garcia (D-Calif.) voiced his opposition to the bill in a post on X.

Other out LGBTQ Democratic co-chairs of the caucus spoke out from the House floor on Tuesday.

An especially comprehensive floor speech came from U.S. Rep. Suzanne Bonamici (D-Ore.), a caucus co-chair, who began her remarks by proclaiming that “the so-called Protection of Women and Girls in Sports Act” will “actually do the opposite and make sports more dangerous for women and girls.” The congresswoman said:

“This bill is a ‘one size fits all’ approach that would apply equally to every sport from K-12 schools to colleges. Currently schools, parents, and communities manage youth sports leagues and write rules about who can participate in different sports at different levels. Many states, schools, and athletic associations across the country have allowed equal participation for transgender athletes for years and it’s working just fine. 

“This legislation would revoke all federal funding from schools that include transgender students on girls’ and women’s sports teams. This is damaging and discriminatory to transgender students, who benefit, as all students do, from participating in school sports, and also damaging to the entire school that’s threatened because federal funding benefits all students.

“Keep in mind, colleagues, that as of last month, of the approximately 510,000 athletes who play at the NCAA level – 10 are transgender.  Not 10,000. Ten. Out of 510,000. 

“Transgender students — like all students — they deserve the same opportunity as their peers to learn teamwork, to find belonging, and to grow into well-rounded adults through sports. Childhood and adolescence are important times for growth and development, and sports help students form healthy habits and develop strong social and emotional skills. Sports provide meaningful opportunities for kids to feel confident in themselves and learn valuable life lessons about teamwork, leadership, and communication. Teams provide a place for kids to make friends and build relationships.

“Yet my colleagues across the aisle want to take these opportunities away from certain children; that’s discriminatory and it’s wrong.

“My colleagues are apparently so afraid of people who are different from them that they’ve manufactured false and dangerous presumptions based on outdated stereotypes about transgender people, especially transgender women and girls.

“Additionally, there is no way this so called “protection” bill could be enforced without opening the door to harassment and privacy violations. It opens the door to inspection, not protection, of women and girls in sports. Will students have to undergo exams to “prove” they’re a girl? We are already seeing examples of harassment and questioning of girls who may not conform to stereotypical feminine roles; will they be subject to demands for medical tests and private information? That’s intrusive, offensive, and unacceptable, especially from a party of limited government.

“I want to be very clear, there are real problems harming women and girls in sports, but transgender students are not why. Today, we should be working to solve the real, pervasive problems in athletics that deter women and girls from participating, including sexual harassment and assault, lack of equal resources, and pay inequality.

“We should be working on those issues, and also on the issues that improve the lives of the people we represent back home, like increasing access to affordable health care and housing, lowering costs for everyday Americans, and fighting the climate crisis.

“But instead, here we are again. We’ve seen this time and time again—Republicans fearmonger about the trans community to divert attention from the fact that they have no real solutions to help everyday Americans with the pressing problems they face.

“We must not discriminate against kids because of who they are. Transgender youth already face high hurdles, and research shows that this type of discriminatory policy is associated with declines in mental health and higher suicide risk among already threatened LGBTQI+ youth. We don’t need adults in Congress making things worse.

“As Republican Governor Spencer Cox from Utah said in his veto statement of a similar bill, “When in doubt, however, I always try to err on the side of kindness, mercy, and compassion.”

“Republicans, who have voted consistently against the Violence Against Women Act, who have taken the rights of all women to have control over their own body, who as women are bleeding out in parking lots, now want to pretend today that they care about women,” U.S. Rep. Alexandria Ocasio Cortez (D-N.Y.), a vice-chair of the caucus, said in a floor speech.

She continued, “And why? To open up genital inspection on little girls across this country in the name of attacking trans girls. We have two words. Not today.”

These and other House Democrats began calling the legislation the “GOP Child Predator Empowerment Act” to highlight the risk that if it becomes law, the ban could lead to genital exams of minor student-athletes by adults and therefore might help facilitate child sexual abuse.

While the House Education Committee chair, U.S. Rep. Tim Walberg (R-Mich.), said that birth certificates should be used to settle questions about students’ gender, the bill’s opponents said the absence of a workable enforcement mechanism leaves open a range of ways in which students’ bodies and privacy could be violated.

U.S. Rep. Sara Jacobs (D-Calif.), for instance, who is also a vice-chair, noted in her floor speech that “We have already seen an investigation like this” into a student’s gender “at a high school in Utah, and unsurprisingly, they targeted someone who wasn’t trans.”

She was referring to a case in Utah in 2022 that was kicked off when the parents of athletes who placed second and third in in a state level competition suspected the winner might be trans and filed a complaint the Utah High School Activities Association. Records showed her sex was listed as female since kindergarten.

Advocacy groups

“Just five days after Florida Governor Ron DeSantis signed an anti-transgender sports ban in 2021, a cisgender girl faced brutal harassment from the sidelines at a lacrosse game simply because she had short hair,” the Human Rights Campaign wrote in a press release Tuesday that highlighted many of the same harms addressed by House Democrats who rose in objection to the bill.

“We all want sports to be fair, students to be safe, and young people to have the opportunity to participate alongside their peers,” HRC President Kelley Robinson said in a statement included in the release. “But this kind of blanket ban deprives kids of those things. This bill would expose young people to harassment and discrimination, emboldening people to question the gender of kids who don’t fit a narrow view of how they’re supposed to dress or look.

Robinson added, “It could even expose children to invasive, inappropriate questions and examinations. Participating in sports is about learning the values of teamwork, dedication, and perseverance. And for so many students, sports are about finding somewhere to belong.”

“We should want that for all kids – not partisan policies that make life harder for them,” she said.  

HRC also argued that excluding trans women and girls from competitive athletics, denying them the benefits to their physical and mental health that come with participating in sports, can cause tremendous harm since these students “face higher risk of anxiety, depression, and bullying” than their cisgender peers.

In Monday in advance of the debate and floor vote, 405 national and local civil rights, education, and gender justice organizations joined a letter issued on Monday by the Leadership Conference on Civil and Human Rights urging House lawmakers to reject the Protection of Women and Girls in Sports Act.

“Although the authors of the legislation represent themselves as serving the interests of cisgender girls and women, this legislation does not address the longstanding barriers all girls and women have faced in their pursuit of athletics,” the letter reads, in part. “Instead of providing for equal facilities, equipment, and travel, or any other strategy that women athletes have been pushing for for decades, the bill cynically veils an attack on transgender people as a question of athletics policy.”

“We are fortunate that transgender, nonbinary, and intersex people are present in our community, and we fully embrace them as members of our community,” the signatories wrote. “As organizations that care deeply about ending sex-based discrimination and ensuring equal educational opportunities, we support laws and policies that protect transgender people from discrimination, including full and equal participation in sports, access to gender-affirming care, access to school facilities, and access to inclusive curriculum. We firmly believe that an attack on transgender youth is an attack on civil rights.”

Along with HRC, which is the nation’s largest LGBTQ rights organization, other advocacy groups that signed the Leadership Conference’s letter also issued separate statements Tuesday following passage of the bill.

Among them was GLAAD, whose President and CEO Sarah Kate Ellis said “Legislators who voted today in favor of banning transgender girls from participating in school sports should be ashamed of themselves.”

“Right now, gun violence is the number one cause of death to American children, yet extremist lawmakers ignore this reality to push bills that further endanger and isolate LGBTQ youth who just want to be themselves and play with their friends.

“Legislators have an obligation to stand up for all, not just some, of their constituents. Allowing students to participate in sports is about equal opportunity, the ability to make friends and belong, and stay active, healthy and happy. Young transgender people should not have to watch lawmakers debate their basic humanity.

“Legislators must meet with transgender youth, their families, teammates, and coaches who would be harmed by this dangerous legislation; propose ways to protect all youth; and stop pushing anti-LGBTQ discrimination in a phony attempt to protect women and girls. Protect all kids and let them play.”

GLBTQ Legal Advocates and Defenders (GLAD Law) Senior Director of Transgender and Queer Rights Jennifer Levi said, “It’s disgraceful to see the new Congress make one of its first priorities a sweeping bill that would deny transgender kids of any age the opportunity to play school sports and strip from them the many educational benefits sports provide.”

“Thoughtful policies can successfully balance fairness and inclusion in sports at multiple levels of competition, as local school districts and sports associations have done for many years,” she said. “We appreciate those in Congress who voted against this extreme bill and hope the Senate will recognize that blanket bans imposed by politicians don’t serve athletes, students, or sport.”

Despite the 53-vote GOP majority in the Senate, Republicans will need seven Democrats to support the sports ban for the bill to pass, which is unlikely. Still, President-elect Donald Trump promised to intervene with executive action, which would likely mean directing the U.S. Department of Education to investigate schools that allow trans women and girls to compete in sports for violations of federal law prohibiting sex-based discrimination.

He and the conservatives backing the Protection of Women and Girls in Sports Act believe athletes whose birth sex is female have actionable Title IX claims on the grounds that they are unfairly disadvantaged when competing against their transgender counterparts, even though the research on this question is mixed.

In a fundraising email, the LGBTQ Victory Fund denounced the effort by House Republicans to “rewrite Title IX, the federal civil rights law that prohibits sex discrimination in educational institutions,” adding that “The author of this hateful bill” U.S. Rep. Greg Steube (R-Fla.) “even went so far as to claim trans people and trans identities are made up, before launching into a transphobic rant!”

Speaking from the House floor on Tuesday, the GOP congressman said, “Our culture and civilization continue to be subject to the perverse lie that there are more than two genders or that men can be women and women can be men.”

Allison Scott, director of impact and innovation at the Campaign for Southern Equality, said: “The passage of HB28 by the U.S. House of Representatives is a cruel and unjust abuse of power that targets a very small number of young people who just want to play school sports with their friends.

“It’s appalling that one of the first priorities of this new Congress is to bully children with the weight of a federal law. I want to send a clear message to transgender young people and their families: No law can strip you of your inherent dignity and humanity, and we will never stop working alongside you and a huge community nationwide to ensure all people can live authentically and with joy.

“The Senate should do the right thing here, refuse to exclude and marginalize children, and reject this legislation.”

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Congress

House bans trans students from competing on girls’ and women’s sports teams

Texas Democrats Henry Cuellar and Vicente Gonzalez voted for bill

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House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael Key)

The U.S. House of Representatives on Tuesday voted 218-206 to pass a bill that would ban transgender students from competing in girls’ and women’s sports in elementary school through college.

Fiery exchanges erupted on the House floor, with conservatives in many cases using anti-trans language and Democrats, including several openly LGBTQ members, arguing that the bill is harmful to children, discriminatory, and unnecessary.

The decision by House Republican leadership to bring the Protection of Women and Girls in Sports Act to the floor on just the second week in which the 119th Congress is in session signals the majority’s appetite for legislation targeting trans rights and the extent to which the issue will remain a major focus and priority for conservative leadership in the Capitol and, beginning next week, in the White House.

All Republicans who were present voted in favor of the bill, while all Democrats voted no — with the exception of two members representing swing districts in Texas, U.S. Reps. Henry Cuellar and Vicente Gonzalez.

Cuellar opposed the Protection of Women and Girls in Sports Act when it was introduced in 2023, explaining in a statement that he changed his position “based on the concerns and feedback he received from constituents.”

Gonzalez did not vote on the measure in 2023, but this year issued a statement explaining his support for the bill: “I believe that there should be rules to keep our sports fair and that boys should not play in girls sports,” the congressman said, using talking points that are popular among Republicans who often refer to trans women and girls as men and boys, whether for purposes of insulting them or because they refuse to acknowledge or choose to deny the existence of gender diverse people.

“Members of Congress must have the freedom to vote in a manner representative of their district,” Gonzalez said in his statement. “As Democrats, we should not be afraid to vote our district’s values because we’re afraid of Washington.”

During the 2024 campaign, Gonzalez’s Republican opponent ran negative ads about his support for gender affirming health care for trans minors. The congressman told Spectrum News in 2023 that “I have never supported tax dollars paying for gender transition surgeries and never will.”

Despite the newly seated 53-vote GOP majority in the U.S. Senate, the bill could languish in the upper chamber as the 2023 iteration did under Democratic control.

Still, President-elect Donald Trump promised to effectuate a ban, which experts believe would likely involve directing the U.S. Department of Education to find any school in violation of federal Title IX rules, which prohibit sex-based discrimination, in cases where they allow trans women or girls to participate in competitive sports.

Trump and other conservatives argue that cisgender women and girls are biologically disadvantaged compared to trans women and girls, which yields unfair outcomes for athletes whose birth sex is female, though research on the question of physical performance is mixed.

Proponents of the Protection of Women and Girls in Sports Act, who believe trans women and girls to be unfairly advantaged by their biology, argue that excluding them from sports is necessary to ensure fair outcomes in high-stakes competitions at the elite level, such as college athletic scholarships.

At the other end of the spectrum, the legislation contains a carveout that would theoretically allow for trans women and girls to participate in sports in limited circumstances: “Nothing in this subsection shall be construed to prohibit a recipient from permitting males to train or practice with an athletic program or activity that is designated for women or girls so long as no female is deprived of a roster spot on a team or sport, opportunity to participate in a practice or competition, scholarship, admission to an educational institution, or any other benefit that accompanies participating in the athletic program or activity.”

As the measure was debated on Tuesday, opponents accused their GOP colleagues of exploiting a culture war issue to “divert attention from the fact they have no real solutions to help everyday Americans,” as U.S. Rep. Suzanne Bonamici (D-Ore.) put it.

Several Democrats — who argued that in the absence of an enforcement mechanism, adults might inspect students’ genitals to determine their gender, which could facilitate child sexual abuse — began calling the legislation “the GOP Child Predator Empowerment Act.” 

The House Education Committee chair, U.S. Rep. Tim Walberg (R-Mich.), responded that birth certificates should be used to settle questions about students’ gender.

Opponents of the bill like U.S. Rep. Becca Balint (D-Vt.), a lesbian and co-chair of the Congressional Equality Caucus, contended that boundary-violating scrutiny of girls’ bodies is the “logical conclusion” of the measure.

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Politics

Biden to leave office revered as most pro-LGBTQ president in history

Long record of support from marriage to trans rights

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President Joe Biden (Washington Blade photo by Michael Key)

President Joe Biden will leave the White House next week after leading what advocates consider to be the most pro-LGBTQ administration in American history.

The past four years offer a wealth of evidence to support the claim, from the passage of legislation like the landmark Respect for Marriage Act to the promotion of LGBTQ rights abroad as a cornerstone of U.S. foreign policy, impactful regulatory moves in areas like health equity for gay and trans communities, and the record-breaking number of gender and sexual minorities appointed to serve throughout the federal government and on the federal bench.

As demonstrated by the deeply personal reflections that he shared during an exclusive interview with the Washington Blade in September, Biden is especially proud of his legacy on LGBTQ rights and believes that his record reflects the bedrock principles of justice, equality, and fairness that were inculcated by his father’s example and have motivated him throughout his career in public life.

For instance, during a trip to New York in June, where he delivered remarks to commemorate the opening of the Stonewall National Monument Visitor Center, Biden explained he was deeply moved by the “physical and moral courage” of those early gay rights activists, adding that the monument honoring their sacrifices “sets an example” in the U.S. and around the world.

Likewise, Biden told the Blade he decided to publicly express his support for same-sex marriage in the midst of his reelection campaign with then-President Barack Obama in 2012 because of his experience attending an event hosted by a gay couple with their children present.

“If you saw these two kids with their fathers, you’d walk away saying, ‘wait a minute, they’re good parents,’” he said. From that moment forward, Biden was unwilling to continue to demur, even if that meant preempting Obama’s “evolution” toward embracing marriage equality.

To fully appreciate Biden’s leadership — especially during his presidency, and particularly on issues of transgender rights — it is worth considering his record against the backdrop of the broader political landscape over the past four years.

By the time he took office in 2021, conservative activists and elected leaders had positioned the trans community at the center of a moral panic, introducing hundreds of laws targeting their rights and protections and exploiting the issue as a strategy to undermine support for Democrats.

In the face of unrelenting attacks from his Republican political adversaries, Biden set to work building an administration that “looked like America” including with the appointment of trans physician and four-star officer Dr. Rachel Levine to serve as assistant health secretary, and on day one he issued an executive order repealing his predecessor’s policy that excluded trans Americans from military service.

As the 2024 election neared, with Donald Trump’s campaign weaponizing transphobia as a wedge to score votes, Biden’s support remained vocal and sustained. In each of his four State of the Union addresses to joint sessions of Congress, for example, the president reinforced his commitment to “have the trans community’s back.”

Meanwhile, midway through his term the U.S. Supreme Court overturned abortion protections that were in place since Roe v. Wade was decided in 1973, with conservative statehouses across the country taking the opportunity to pass draconian restrictions.

Democrats sought to exploit the unpopular abortion bans, especially as the presidential race was in full swing, but many were concerned that Biden might be an ineffective messenger because of his personal opposition to the practice as a devout Catholic.

While he directed his administration to take measures to protect access to abortion in the U.S. and spoke publicly about the importance of reproductive autonomy and the freedom to access necessary medical care for family planning, the Associated Press reports that as of March 2024, Biden had only used the word “abortion” in prepared remarks once in four years.

The daylight between how the president has talked about transgender rights and how he has talked about abortion offers an interesting contrast, perhaps illuminating how impervious Biden can be when pressured to compromise his values for the sake of realizing his political ambitions, while also demonstrating the sincerity of his conviction that, as he put it in 2012, anti-trans discrimination is “the civil rights issue of our time.”

Biden was scheduled to deliver a farewell address to the nation on Wednesday evening.

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