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Biden issues Transgender Day of Visibility proclamation

Statement comes against backdrop of anti-transgender laws

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President Joe Biden speaks at the Respect for Marriage Act signing ceremony on Dec. 13, 2022. (Washington Blade photo by Michael Key)

President Joe Biden on Thursday issued a proclamation that recognizes the Transgender Day of Visibility.

“Transgender Day of Visibility celebrates the joy, strength, and absolute courage of some of the bravest people I know ā€” people who have too often had to put their jobs, relationships, and lives on the line just to be their true selves,” reads the proclamation. “Today, we show millions of transgender and nonbinary Americans that we see them, they belong, and they should be treated with dignity and respect. Their courage has given countless others strength, but no one should have to be brave just to be themselves. Every American deserves that freedom.”

Biden said “transgender Americans shape our nation’s soul ā€” proudly serving in the military, curing deadly diseases, holding elected office, running thriving businesses, fighting for justice, raising families and much more.”  

“As kids, they deserve what every child deserves: The chance to learn in safe and supportive schools, to develop meaningful friendships, and to live openly and honestly,” he said. “As adults, they deserve the same rights enjoyed by every American, including equal access to health care, housing, and jobs and the chance to age with grace as senior citizens. But today, too many transgender Americans are still denied those rights and freedoms.”  

Biden notes “a wave of discriminatory state laws is targeting transgender youth, terrifying families and hurting kids who are not hurting anyone.”  

“An epidemic of violence against transgender women and girls, in particular women and girls of color, has taken lives far too soon,” he added. “Last year’s Club Q shooting in Colorado was another painful example of this kind of violence ā€” a stain on the conscience of our nation.”

The full proclamation is below:

 TRANSGENDER DAY OF VISIBILITY, 2023 
– – – – – – – 
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA  
A PROCLAMATION
Ā  Ā  Ā Transgender Day of Visibility celebrates the joy, strength, and absolute courage of some of the bravest people I know ā€” people who have too often had to put their jobs, relationships, and lives on the line just to be their true selves. Today, we show millions of transgender and nonbinary Americans that we see them, they belong, and they should be treated with dignity and respect. Their courage has given countless others strength, butĀ no one should have to be brave just to be themselves. EveryĀ American deserves that freedom.

Ā Ā Ā Ā  Transgender Americans shape our Nation’s soul ā€” proudly serving in the military, curing deadly diseases, holding elected office, running thriving businesses, fighting for justice, raising families, and much more. As kids, they deserve what every child deserves: The chance to learn in safe and supportive schools, to develop meaningful friendships, and to live openly and honestly.Ā As adults, they deserve the same rights enjoyed by every American, including equal access to health care, housing, and jobs and the chance to age with grace as senior citizens.Ā But today, too many transgender Americans are still denied those rights and freedoms.Ā A wave of discriminatory state laws is targeting transgender youth, terrifying families and hurting kids who are not hurting anyone. An epidemic of violence against transgender women and girls, inĀ particular women and girls of color, has taken lives far too soon. Last year’s Club Q shooting in Colorado was another painful example of this kind of violence ā€” a stain on the conscience of our nation.

Ā Ā Ā Ā  My administration has fought to end these injustices from day one, working to ensure that transgender people and the entire LGBTQI+ community can live openly and safely.Ā On my first day as president, I issued an executive order directing the federal government to root out discrimination against LGBTQI+ people and their families.Ā We have appointed a record number of openly LGBTQI+ leaders, and I was proud to rescind the ban on openly transgender people serving in the military.Ā WeĀ are also working to make public spaces and travel more accessible, including with more inclusive gender markers on United States passports. We are improving access to public services and entitlements like Social Security. We are cracking down on discrimination in housing and education. And last December, I signed the Respect for Marriage Act into law, ensuring that every American can marry the person they love and have that marriage accepted, period.

Ā Ā Ā Ā  Meanwhile, we are also working to ease the tremendous strain that discrimination, bullying, and harassment can put onĀ transgender children ā€” more than half of whom seriously considered suicide in the last year.Ā The Department of Education is, for example, helping ensure that transgender students have equal opportunities to learn and thrive at school, and the Department of Justice is pushing back against extreme laws that seek to ban evidence-based gender-affirming health care.

Ā Ā Ā Ā  There is much more to do. I continue to call on the Congress to finally pass the Equality Act and extend long-overdue civil rights protections to all LGBTQI+ Americans to ensure they can live with safety and dignity. Together, we also have to keep challenging the hundreds of hateful state laws that have been introduced across the country, making sure every child knows that they are made in the image of God, that they are loved, and that we are standing up for them.

Ā Ā Ā Ā  America is founded on the idea that all people are created equal and deserve to be treated equally throughout their lives. We have never fully lived up to that, but we have never walked away from it either. Today, as we celebrate transgender people, we also celebrate every American’s fundamental right to be themselves, bringing us closer to realizing America’s full promise.

Ā Ā Ā Ā  NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 31, 2023, as Transgender Day of Visibility.Ā I call upon all Americans to join us in lifting up the lives and voices of transgender people throughout our nation and to work toward eliminating violence and discrimination against all transgender, gender nonconforming, and nonbinary people.

Ā Ā Ā Ā  IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of March, in the year of our Lord twoĀ thousandĀ twenty-three, and of the independence of the UnitedĀ States ofĀ America the twoĀ hundred and forty-seventh.
Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā  JOSEPH R. BIDEN JR.
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The White House

Trump threatens Maine’s Democratic governor over trans athlete ban

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President Donald Trump (Washington Blade photo by Michael Key)

President Donald Trump threatened to withhold federal funding from Maine after the state’s Democratic Gov. Janet Mills refused to say that she would enforce his administration’s ban on transgender women and girls competing in sports.

Their brief but heated exchange during a meeting of the National Governors Association at the White House on Friday kicked off when Mills agreed only to abide by “state and federal law” and Trump told her, ā€œWe are the federal law. You better do it because youā€™re not going to get any federal funding if you don’t.”

“See you in court,” Mills responded.

ā€œGood,” Trump agreed, “I’ll see you in court. I look forward to that. That should be a real easy one. And enjoy your life after governor, because I don’t think you’ll be in elected politics.”

Two days after Trump’s issuance of the executive order”Keeping Men Out of Women’s Sports” on Feb. 5, the governing body responsible for overseeing high school sports in Maine said trans athletes would still be allowed to compete because the ban was in conflict with provisions of the Maine state Human Rights Act.

The president previewed his proposal to condition federal funding on states’ compliance with the policy during a meeting on Thursday of the Republican Governors Association.

Earlier on Friday, Mills vowed in a statement that ā€œIf the President attempts to unilaterally deprive Maine school children from the benefit of Federal funding, my Administration and the Attorney General will take appropriate and necessary legal action to restore that funding and the academic opportunity it provides.”

Echoing her comments, the state’s Democratic Attorney General Aaron Frey said in a statement Friday morning that “Any attempt by the President to cut federal funding in Maine unless transgender athletes are restricted from playing sports would be illegal and in direct violation of court orders.”

ā€œFortunately, though, the rule of law still applies in this country, and I will do everything in my power to defend Maineā€™s laws and block efforts by the President to bully and threaten us,” he said.

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The White House

Trump bars trans women and girls from sports

The administration reversed course on the Biden-Harris policy on Title IX

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President Donald Trump (Washington Blade photo by Michael Key)

President Donald Trump on Wednesday issued another executive order taking aim at the transgender community, this time focusing on eligibility for sports participation.

In a signing ceremony for ā€œKeeping Men Out of Womenā€™s Sports” in the East Room of the White House, the president proclaimed “With this executive order, the war on womenā€™s sports is over.”

Despite the insistence by Trump and Republicans that trans women and girls have a biological advantage in sports over cisgender women and girls, the research has been inconclusive, at best.

A study in the peer reviewed Sports Medicine journal found ā€œno direct or consistent researchā€ pointing to this conclusion. A different review in 2023 found that post-pubertal differences are ā€œreduced, if not erased, over time by gender affirming hormone therapy.ā€

Other critics of efforts to exclude trans student athletes have pointed to the small number of people who are impacted. Charlie Baker, president of the National Collegiate Athletic Association, testified last year that fewer than 10 of the NCAA’s 522,000+ student athletes identify as trans.

The Trump-Vance administration has reversed course from the Biden-Harris administration’s policy on Title IX rules barring sex-based discrimination.

ā€œIf youā€™re going to have womenā€™s sports, if youā€™re going to provide opportunities for women, then they have to be equally safe, equally fair, and equally private opportunities, and so that means that youā€™re going to preserve womenā€™s sports for women,” a White House official said prior to the issuance of the order.

Former President Joe Biden’s Title IX rules, which went into effect last year, clarified that pursuant to the U.S. Supreme Court’s ruling in Bostock v. Clayton County (2020), sex-based discrimination includes that which is based on the victim’s sexual orientation or gender identity.

The White House official indicated that the administration will consider additional guidance, regulations, and interpretations of Title IX, as well as exploring options to handle noncompliance by threatening federal funding for schools and education programs.

White House Press Secretary Karoline Leavitt told reporters that Trump ā€œdoes expect the Olympic Committee and the NCAA to no longer allow men to compete in womenā€™s sports.ā€

One of the first legislative moves by the new Congress last month was House Republicans’ passage of the “Protection of Women and Girls in Sports Act,” which would ban trans women and girls from participating in competitive athletics.

The bill is now before the U.S. Senate, where Republicans have a three-seat majority but would need 60 votes to overcome the filibuster.

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The White House

Trump signs order to restrict gender-affirming health care for minors

HRC and Congressional Equality Caucus denounced the move

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President Donald Trump (Washington Blade photo by Michael Key)

President Donald Trump on Tuesday signed an executive order barring gender-affirming health care for minors, the latest action by the newly seated administration that takes aim at the rights and protections of transgender Americans.

The executive order, which prohibits the federal government from engaging in activities to “fund, sponsor, promote, assist, or support” trans medicine for patients younger than 19, is based on arguments that these treatments lead to financial hardship and regret later in life.

In reality, scientific and medical organizations publish and maintain clinical practice guidelines on gender-affirming care that are based on hundreds of peer reviewed studies assessing the relative risks and benefits associated with each intervention.

ā€œEveryone deserves the freedom to make deeply personal health care decisions for themselves and their families ā€” no matter your income, zip code, or health coverage,ā€ said Human Rights Campaign President Kelley Robinson. ā€œThis executive order is a brazen attempt to put politicians in between people and their doctors, preventing them from accessing evidence-based health care supported by every major medical association in the country.”

Robinson added, “It is deeply unfair to play politics with peopleā€™s lives and strip transgender young people, their families, and their providers of the freedom to make necessary health care decisions. Questions about this care should be answered by doctors ā€” not politicians ā€” and decisions must rest with families, doctors, and the patient.ā€

HRC noted that in practical terms, the federal government will effectuate this policy by taking such actions as “removing coverage for gender-affirming care from federal health insurance policies, modifying requirements under the Affordable Care Act, and preventing hospitals or other medical providers who accept Medicare or Medicaid, or who receive federal funding for research or education, from providing gender-affirming care of any kind to people under the age of 19.”

ā€œThis executive order to deny young transgender people access to the evidence-based, medically-necessary and often lifesaving care they need is an attempt by Donald Trump to insert himself into doctorsā€™ offices across the country and override their medical judgment,ā€Ā said U.S. Rep. Mark Takano (D-Calif.), chair of the Congressional Equality Caucus.

ā€œDecisions about a young personā€™s healthcare belong with the patient, their families, and their doctors,” he added. “Politicians should not be overriding the private medical decisions of any person, period.ā€

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