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EXCLUSIVE: Becerra, Levine plan to expand health equity in a second Biden-Harris administration

Officials spoke exclusively with the Blade on Monday

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HHS Assistant Health Secretary Adm. Rachel Levine, U.S. Rep. Mark Takano (D-Calif.), and HHS Secretary Xavier Becerra (Washington Blade photo by Christopher Kane)

Speaking with the Washington Blade on Monday, U.S. Department of Health and Human Services Secretary Xavier Becerra and Assistant Health Secretary Adm. Rachel Levine detailed plans to expand health equity initiatives under a second Biden-Harris administration.

The conversation came shortly after the agency held a Progress Pride flag-raising ceremony, where U.S. Rep. Mark Takano (D-Calif.), delivered opening remarks alongside the top HHS officials who also spoke at the department’s second annual Pride Summit later on Monday.

Levine highlighted a slate of recent actions and goals on which to build in a second term: The issuance in April of a final rule clarifying that discrimination on the basis of sexual orientation and gender identity is prohibited under the Affordable Care Act; a demographic data collection plan on sexual orientation and gender identity metrics; the pursuit of regulations and litigation (coordinated with the Justice Department) to combat healthcare restrictions, including those which target LGBTQ communities; and the agency’s commitments to diversity, equity, inclusion, and accessibility.

“To put an exclamation point behind some of that,” Becerra said, “on SOGI, we think it’s important to gather the data that lets us figure out where to go next, or where you have issues” in “getting access to the care that you need.”

“And we know we’re going to end up in court with a lot of the rules that we’ve enacted,” added the secretary, who previously served as attorney general of California, “but we’re ready for that ā€” they’ll get tested, and we’re ready to defend [them].”

Becerra added that along with the initiatives outlined by Levine, HHS is looking to expand efforts in the behavioral health space to maximize opportunities to match patients with providers who have shared backgrounds, identities, and lived experiences.

That way, he said, “chances are that individual in need of care is going to open up faster. So we’re going to try to move quicker towards providing, in the behavioral health setting, people with lived experiences who can speak to what this individual is hurting from, is suffering from, so we can try to help them with their behavioral health challenges.”

The secretary praised the Biden-Harris administration’s pro-equality record, noting, “the fact that we’re the first department to fly the Pride flag, I think it shows that we’re out front, and we are very intent on making sure everyone has access to the care that they need.”

“And to do that, you’re going to find yourself in court,” Becerra said. “To do that, you need to do an aggressive job of collecting data. To do that, you have to show people that you can approach them with someone who’s experienced in what they’re going through. And so all of those things have to be amped up if we’re going to make further progress in the next administration’s four years.”

Levine repeatedly credited the secretary’s leadership as well as President Joe Biden’s work advancing equity throughout his administration, including through executive orders, when discussing HHS’s efforts to expand healthcare access and improve health outcomes for diverse populations including the LGBTQ community.

“One of the highlights, I think, of the Biden-Harris administration and Secretary Becerra’s leadership is the the emphasis on building representation in Washington that looks like the people of our country,” said Levine, who became the highest-ranking transgender government official with her appointment as assistant health secretary in 2021.

“Whether it is communities of color, whether it is the LGBTQI+ community, young people, seniors, I mean, we really want the the people who work for the people of our country to look like them and to represent them,” she said.

She also highlighted the extent to which her and Becerra’s work on this front has involved putting boots on the ground. “I’ve been to Austin. I’ve been to Dallas. I’ve been to Nashville. I’m going to Jacksonville. We tried to get to Idaho to Boise, but we got snowed out.”

“We are everywhere,” Levine said, adding that she likes to say the secretary has been doing “everything, everywhere, all at once,” (the title of a critically acclaimed film that won the Academy Award for Best Picture in 2023.)

In a Pride month press release shared by the agency on Monday evening, Becerra said in a statement, “HHS works every day to build an America where LGBTQI+ Americans have access to quality, affordable health care and can go to the doctor without fear of stigma or discrimination. Where the state you live in doesnā€™t determine whether you can access lifesaving, gender-affirming care. And where more communities embrace the diversity that has always strengthened our national character.”

ā€œPride reminds us that we are a strong, resilient, and powerful community that fights hate with love,” Levine said. “As we celebrate Pride Month, we should recognize how far we have come, even as we take stock of the challenges that we face. Everything we do at HHS emphasizes health equity and this pride month, we are making a focused effort to address and eliminate the health disparities within the LGBTQI+ community.”

She added, “We are focused on our efforts to end the HIV epidemic in the U.S., prevent syphilis and congenital syphilis, and promote access to care for LGBTQI+ people across America. Together, we can work to support healthy people, healthy communities, and a healthy nation for all. I am a positive and optimistic person, and I believe that working together, we can create a healthier, better future for all people living in the United States.ā€

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Federal Government

RFK Jr. debuts anti-trans webpage, public guidance at HHS

Agency advances Trump’s anti-trans executive orders

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Robert F. Kennedy Jr. (Washington Blade photo by Michael Key)

On Wednesday, less than a week after Robert F. Kennedy Jr. was confirmed as secretary of the U.S. Department of Health and Human Services, the agency rolled out a webpage promoting the Trump administration’s anti-trans executive orders and issued a public guidance asserting that a person’s sex is “unchangeable.”

The webpage for HHS’s Office on Women’s Health highlights President Donald Trump’s executive actions defining sex in a manner that excludes transgender, nonbinary, and intersex populations, prohibiting trans women and girls from participating in competitive sports, and restricting people younger than 19 from accessing medically necessary gender affirming healthcare interventions.

ā€œThis administration is bringing back common sense and restoring biological truth to the federal government,ā€ Kennedy said in a statement announcing the guidance and the new HHS page. ā€œThe prior administrationā€™s policy of trying to engineer gender ideology into every aspect of public life is over.ā€

The webpage is headlined by a video featuring Riley Gaines, the former NCAA swimmer-turned-right-wing, anti-trans activist. ā€œThe executive order keeping men out of womenā€™s sports ensures the next generation of girls has the fair opportunity to compete with the safety, privacy, and equal opportunity theyā€™re entitled to,ā€ she said in the clip.

The Trump-Vance administration’s narrow definition of sex and position that gender affirming care for minors constitutes “child abuse” is disputed not just by the health officials serving under the Biden-Harris administration, but also by the mainstream scientific and medical community.

Multiple federal judges have also weighed in. During a hearing on Tuesday challenging Trump’s efforts to bar trans people from serving in the military, Judge Ana Reyes of the U.S. District Court for the District of Columbia said the White House’s assertion that gender is an immutable trait determined only by birth sex was not “biologically correct.”

ā€œThere are anywhere near 30 intersex examples,” she said. “Anyone who doesnā€™t have XX or XY chromosomes is not just male or female, theyā€™re intersex.ā€

Additionally, last week, two federal judges issued orders temporarily blocking the enforcement of Trump’s executive order restricting medical interventions for transgender youth.

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Federal Government

Education Department moves to end support for trans students

Mental health services among programs that are in jeopardy

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The U.S. Department of Education headquarters in D.C. (Photo courtesy of the GSA/Education Department)

An email sent to employees at the U.S. Department of Education on Friday explains that “programs, contracts, policies, outward-facing media, regulations, and internal practices” will be reviewed and cut in cases where they ā€œfail to affirm the reality of biological sex.ā€

The move, which is of a piece with President Donald Trump’s executive orders restricting transgender rights, jeopardizes the future of initiatives at the agency like mental health services and support for students experiencing homelessness.

Along with external-facing work at the agency, the directive targets employee programs such as those administered by LGBTQ resource groups, in keeping with the Trump-Vance administration’s rollback of diversity, equity, and inclusion within the federal government.

In recent weeks, federal agencies had begun changing their documents, policies, and websites for purposes of compliance with the new administration’s first executive action targeting the trans community, ā€œDefending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.ā€

For instance, the Education Department had removed a webpage offering tips for schools to better support homeless LGBTQ youth, noted ProPublica, which broke the news of the “sweeping” changes announced in the email to DOE staff.

According to the news service, the directive further explains the administration’s position that ā€œThe deliberate subjugation of women and girls by means of gender ideology ā€” whether in intimate spaces, weaponized language, or American classrooms ā€” negated the civil rights of biological females and fostered distrust of our federal institutions.”

A U.S. Senate committee hearing will be held Thursday for Linda McMahon, Trump’s nominee for education secretary, who has been criticized by LGBTQ advocacy groups. GLAAD, for instance, notes that she helped to launch and currently chairs the board of a conservative think tank that “has campaigned against policies that support transgender rights in education.”

NBC News reported on Tuesday that Trump planned to issue an executive order this week to abolish the Education Department altogether.

While the president and his conservative allies in and outside the administration have repeatedly expressed plans to disband the agency, doing so would require approval from Congress.

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Federal Government

Trump bans transgender service members from U.S. armed forces

Lambda Legal, HRC announce plans to sue

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President Donald Trump (Photo via White House/X)

President Donald Trump on Monday signed a series of executive orders focused on the military, including a directive gutting the Pentagon’s diversity, equity, and inclusion programs along with another banning transgender service members from the U.S. armed forces.

White House officials said new military standards for mental and physical readiness will exclude transgender troops, which would mean the EO goes further than the ban Trump implemented during his first term in 2017.

Among the first actions the president took after his inauguration on Jan. 20 was rescinding the order that former President Joe Biden signed immediately after he took office in 2021 that allowed trans and gender diverse service members to serve openly.

ā€œThe implementation [of the ban] is on the DoD regarding specifics,ā€ a White House official told CNN.

A February 2018 memo by the U.S. Department of Defense contained carveouts to exempt trans service members already in uniform who had joined the military prior to the policy excluding them, along with those who do not require a change in gender or those who have been ā€œstable for 36 consecutive months in their biological sex prior to accession.ā€

DEI practices, meanwhile, will be subject to review by Defense Secretary Pete Hegseth, who was narrowly confirmed by the U.S. Senate on Friday.

Lambda Legal and the Human Rights Campaign on Monday announced plans to sue the Trump-Vance administration “to block implementation of yet another discriminatory and dangerous attempt to bar patriotic transgender military service members from serving openly in the U.S. armed services,” Lambda Legal said in a press release.

ā€œWe have been here before and seven years ago were able to successfully block the earlier administrationā€™s effort to prevent patriotic, talented Americans from serving their country,ā€ said Sasha Buchert, Lambda Legal counsel and director of the Nonbinary and Transgender Rights Project. ā€œNot only is such a move cruel, it compromises the safety and security of our country and is particularly dangerous and wrong. As we promised then, so do we now: we will sue.”

ā€œThousands of current service members are transgender, and many have been serving openly, courageously, and successfully in the U.S. military for more than eight years ā€” not to mention the previous decades when many were forced to serve in silence,” Buchert added. “Once again, as during the first term, the Trump administration is attacking a vulnerable population based on bias, political opportunism, and demonstrably untrue ā€˜alternative facts,ā€™ denying brave men and women the opportunity to serve our country without any legitimate justification whatsoever.ā€ 

Sarah Warbelow, vice president of legal at HRC, said ā€œOur military servicemembers, including thousands of transgender troops, wear the same uniform, take the same oath, and meet the same rigorous standards,” adding, “They are heroes who put their lives on the line to protect our countryā€”and we owe them all a debt of gratitude.ā€

ā€œInstead, this discriminatory ban insults their service and puts our national security at risk. Expelling highly trained members of our military undermines military readiness and wastes years of financial and training investments,” Warbelow said.

“It also needlessly upends the lives of families who have already sacrificed so much,” she said. “The Commander-in-Chief should prioritize our militaryā€™s safety and readiness, not use his position to issue bans on entire groups of people. This order is unconstitutional, and we will see this administration in court.ā€ 

GLBTQ Legal Advocates & Defenders (GLAD) and the National Center for Lesbian Rights also filed a federal lawsuit on Tuesday challenging the ban. The suit,Ā Talbott v. Trump, was filed on equal protection grounds on behalf of six active service members and two individuals actively seeking enlistment, according to a statement from the groups.

ā€œWhen you put on the uniform, differences fall away and what matters is your ability to do the job,ā€Ā said Nicolas Talbott, Second Lieutenant, Army.Ā ā€œEvery individual must meet the same objective and rigorous qualifications in order to serve.”

SPARTA Pride, a nonprofit of transgender people who currently serve or have served in the military, released a statement on Monday:

“Transgender Americans have served openly and honorably in the U.S. Armed Forces for nearly a decade. Thousands of transgender troops are currently serving, and are fully qualified for the positions in which they serve. 

“Transgender service members currently fill critical roles in combat arms, aviation, nuclear engineering, law enforcement, and military intelligence, many requiring years of specialized training and expertise. Transgender troops have deployed to combat zones, served in high-stakes missions, and demonstrated their ability to strengthen unit cohesion and morale. 

“While some transgender troops do have surgery, the recovery time and cost is minimal, and is scheduled so as not to impact deployments or mission readiness (all of which is similar to a non-emergent minor knee surgery). The readiness and physical capabilities of transgender service members is not different from that of other service members.

“SPARTA Pride is standing by to support all transgender service members impacted by this policy.” 

ā€œDonald Trumpā€™s executive orders are not only cruel, discriminatory, and wrapped in disinformation, but they will make all of us less safe. Throughout our militaryā€™s history, thousands of transgender people have served with honor, integrity, and bravery,” said Fatima Goss Graves, president and CEO of the National Womenā€™s Law Center. “Attempting to ban them is an insult to their humanity and the contributions that they have made.”

ā€œAdditionally, Trumpā€™s decision to remove diversity, equity, and inclusion initiatives will lead to further harassment in our ranks, making underrepresented service members a greater target for discrimination,” she said. “Already we are hearing reports of anti-harassment policies being taken down based on the order to end equity and inclusion initiatives, which is appalling, misguided, and a gross insult to those who serve.”

Goss Graves added, “Everyone, regardless of race, gender or sex, should be able to work with dignityā€” including in the military ā€” without fear of discrimination and harassment. We will continue to fight against these harmful abuses of power.ā€ 

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