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Biden signs executive order to protect abortion access

U.S. Supreme Court struck down Roe v. Wade last month

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(White House screenshot)

President Biden on Friday signed an executive order protecting access to reproductive health care services.

The president is under pressure from Democrats to step-up actions in the wake of the U.S. Supreme Court decision that overturned Roe v. Wade.

Biden made it clear that Congress needs to codify reproductive healthcare choices, however he also stated that he would continue to take actions on his own to to defend reproductive rights and protect access to safe and legal abortion.

Flanked by Vice President Kamala Harris and Health and Human Services Secretary Xavier Becerra in the Roosevelt Room, the president spoke about the order and the circumstances leading to the need for the executive order.

Biden referring to the Supreme Court ruling as “the wrong headed decision,” castigated the court for “playing fast and loose with the facts,” using the argument that abortion wasn’t rooted in historical precedent.

“The Supreme Court in Dobbs made a terrible, extreme and I think totally wrong-headed decision to overturn Roe v. Wade … This was not a decision driven by the Constitution […or] by history,” he said.

Biden then criticized the majority for reading the Constitution as frozen in the mindset of the 1800s, when women didn’t even have the right to vote.

Quoting the justice in dissent he then noted that the court decision was use of raw political power, saying that the court had finally a conservative majority to walk back the decision.

Biden urged that voters push out the Republicans in the upcoming mid-term elections labeling the Republicans as “extremist.” He then angrily cited the recent example of the 10-year-old rape victim in Ohio who was forced to travel to neighboring Indiana to have an abortion.

“Ten years old! … A 10 year old girl should be forced to give birth to a rapist’s child? What could be more extreme,” Biden said.

He warned that extremist Republicans even want to impose a national ban on abortion. As long as he’s president such a bill would be vetoed, he said.

The president also specified the need to have the Federal Trade Commission to regulate data brokers and others to enforce privacy for people using apps that expose them to the transfer and sales of sensitive health-related data.

Flanked by Vice President Kamala Harris and Health and Human Services Secretary Xavier Becerra in the Roosevelt Room, the president spoke about the order and the circumstances leading to the need for the Executive Order.
(Screenshot/YouTube White House Channel)

Biden then outlined that the Executive Order included:

  • Safeguarding access to reproductive health care services, including abortion and contraception;
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  • Protecting the privacy of patients and their access to accurate information;
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  • Promoting the safety and security of patients, providers, and clinics; and
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  • Coordinating the implementation of Federal efforts to protect reproductive rights and access to health care.

The White House released the language of the executive order prior to Biden signing it:

The president has directed the secretary of Health and Human Services (HHS) to take the following actions and submit a report to him within 30 days on efforts to:

  • Protect Access to Medication Abortion.Ā HHS will take additional action to protect and expand access to abortion care, including access to medication that the FDA approved as safe and effective over 20 years ago. These actions will build on the steps the secretary of HHS has already taken at the presidentā€™s direction following the decision to ensure that medication abortion is as widely accessible as possible.
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  • Ensure Emergency Medical Care.Ā HHS will take steps to ensure all patients ā€“ including pregnant women and those experiencing pregnancy loss ā€“ have access to the full rights and protections for emergency medical care afforded under the law, including by considering updates to current guidance that clarify physician responsibilities and protections under the Emergency Medical Treatment and Labor Act (EMTALA).Ā 
    Ā 
  • Protect Access to Contraception.Ā HHS will take additional actions to expand access to the full range of reproductive health services, including family planning services and providers, such as access to emergency contraception and long-acting reversible contraception like intrauterine devices (IUDs). In all 50 states and the District of Columbia, the Affordable Care Act guarantees coverage of womenā€™s preventive services, including free birth control and contraceptive counseling, for individuals and covered dependents. The secretary of HHS has already directed the Centers for Medicare and Medicaid Services to take every legally available step to ensure patient access to family planning care and to protect family planning providers.
    Ā 
  • Launch Outreach and Public Education Efforts.Ā Ā HHS will increase outreach and public education efforts regarding access to reproductive health care services ā€” including abortion ā€” to ensure that Americans have access to reliable and accurate information about their rights and access to care.
    Ā 
  • Convene Volunteer Lawyers.Ā The attorney general and the White House counsel will convene private pro bono attorneys, bar associations, and public interest organizations to encourage robust legal representation of patients, providers, and third parties lawfully seeking or offering reproductive health care services throughout the country.Ā Such representation could include protecting the right to travel out of state to seek medical care. Immediately following the Supreme Court decision, the president announced his administrationā€™s position that Americans must remain free to travel safely to another state to seek the care they need, asĀ the attorney general made clear in his statement, and his commitment to fighting any attack by a state or local official who attempts to interfere with women exercising this right.

PROTECTING PATIENT PRIVACY AND ACCESS TO ACCURATE INFORMATION

The presidentā€™s executive order takes additional steps to protect patient privacy, including by addressing the transfer and sales of sensitive health-related data, combatting digital surveillance related to reproductive health care services, and protecting people seeking reproductive health care from inaccurate information, fraudulent schemes, or deceptive practices.Ā The executive order will:

  • Protect Consumers from Privacy Violations and Fraudulent and Deceptive Practices.Ā The president has asked the chair of the Federal Trade Commission to consider taking steps to protect consumersā€™ privacy when seeking information about and provision of reproductive health care services.Ā The president also has directed the secretary of HHS, in consultation with the attorney general and chair of the FTC, to consider options to address deceptive or fraudulent practices, including online, and protect access to accurate information.
  • Protect Sensitive Health Information.Ā HHS will consider additional actions, including under the Health Insurance Portability and Accountability Act (HIPAA), to better protect sensitive information related to reproductive health care. The secretary of HHS has already directed the HHS Office for Civil Rights to take initial steps to ensure patient privacy and nondiscrimination of patients, as well as providers who provide reproductive health care, including by:
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    • IssuingĀ new guidanceĀ to address how the HIPAA Privacy Rule protects the privacy of individualsā€™ protected health information, including information related to reproductive health care. The guidance helps ensure doctors and other medical providers and health plans know that, with limited exceptions, they are not required ā€“ and in many cases, are not permitted ā€“ to disclose patientsā€™ private information, including to law enforcement.Ā 
      Ā 
    • IssuingĀ a how-to guideĀ for consumers on steps they can take to make sure theyā€™re protecting their personal data on mobile apps.

PROMOTING SAFETY AND SECURITY

The executive order addresses the heightened risk related to seeking and providing reproductive health care and will:

  • Protect Patients, Providers and Clinics.Ā  The administration will ensure the safety of patients, providers, and third parties, and to protect the security of other entities that are providing, dispensing, or delivering reproductive health care services.Ā This charge includes efforts to protect mobile clinics, which have been deployed to borders to offer care for out-of-state patients.Ā 

COORDINATING IMPLEMENTATION EFFORTS

To ensure the federal government takes a swift and coordinated approach to addressing reproductive rights and protecting access to reproductive health care, the presidentā€™s executive order will:

  • Establish an Interagency Task Force.Ā The president has directed HHS and the White House Gender Policy Council to establish and lead an interagency Task Force on Reproductive Health Care Access, responsible for coordinating federal interagency policymaking and program development.Ā This task force will also include the attorney general.Ā In addition, the attorney general will provide technical assistance to states affording legal protection to out-of-state patients as well as providers who offer legal reproductive health care.Ā 

EXECUTIVE ORDER BUILDS ON ADMINISTRATIONā€™S ACTIONS TO PROTECT ACCESS TO REPRODUCTIVE HEALTH CARE

In addition to the actions announced today, the Biden-Harris administration has taken the following steps to protect access to reproductive health care and defend reproductive rights in the wake of the Supreme Court decision inĀ Dobbs.Ā On the day of the decision,Ā the president strongly denounced the decisionĀ as an affront to womenā€™s fundamental rights and the right to choose In addition to action mentioned above, the Biden-Harris administration is:

  • Supporting Providers and Clinics.Ā The secretary of HHS directed all HHS agencies to ensure that all HHS-funded providers and clinics have appropriate training and resources to handle family planning needs, andĀ announced nearly $3 million in new fundingĀ to bolster training and technical assistance for the nationwide network of Title X family planning providers.
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  • Promoting Access to Accurate Information.Ā On the day of the Supreme Courtā€™s decision, HHS launchedĀ ReproductiveRights.gov, which provides timely and accurate information about reproductive rights and access to reproductive health care.Ā This includes know-your-rights information for patients and providers and promoting awareness of and access to family planning services, as well as guidance forĀ how to file a patient privacy or nondiscrimination complaintĀ with its Office for Civil Rights.Ā 
    Ā 
  • Providing LeaveĀ for Federal Workers Traveling for Medical Care.Ā The Office of Personnel ManagementĀ issued guidanceĀ affirming that paid sick leave can be taken to cover absences for travel to obtain reproductive health care.
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  • Protecting Access to Reproductive Health Care Services for Service members, DoD Civilians, and Military Families.Ā The Department of Defense issued a memo to the Force, DoD civilians and military families on ensuring access to essential womenā€™s health care services. The memo reiterates that the department will continue to provide seamless access to reproductive healthcare for military and civilian patients, as permitted by federal law.Ā Military providers will continue to fulfill their duty to care for service members, military dependents and civilian personnel who require pregnancy termination in the cases of rape, incest, or to protect the life of the mother.

 

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The White House

Judy Shepard to receive Presidential Medal of Freedom

Nancy Pelosi is also among this year’s honorees

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Activists Judy and Dennis Shepard speak at the NGLCC National Dinner at the National Building Museum on Friday, Nov. 18. (Washington Blade photo by Michael Key)

Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.

The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.

The organization runs education, outreach, and advocacy programs, many focused on schools.

In a statement shared via the Human Rights Campaign, Shepard said, ā€œThis unexpected honor has been very humbling for me, Dennis, and our family. What makes us proud is knowing our President and our nation share our lifelong commitment to making this world a safer, more loving, more respectful, and more peaceful place for everyone.

ā€œI am grateful to everyone whose love and support for our work through the years has sustained me.

ā€œIf I had the power to change one thing, I can only dream of the example that Mattā€™s life and purpose would have shown, had he lived. This honor reminds the world that his life, and every life, is precious.”

Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.

Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with theĀ Black Tie Dinner Elizabeth Birch Equality Award.

“Judy Shepard has been a champion for equality and President Bidenā€™s choice to honor her with the Presidential Medal of Freedom is a testament to what sheā€™s done to be a force of good in the world,” HRC President Kelley Robinson said in a statement.

“A mother who turned unspeakable grief over the loss of her son into a decades-long fight against anti-LGBTQ+ hatred and violence, Judy continues to make a lasting impact in the lives of the LGBTQ+ community,” she said. Ā 

“It is because of her advocacy that the first federal hate crimes legislation became law and that countless life-saving trainings, resources and conversations about equality and acceptance are provided each year by the Matthew Shepard Foundation,” Robinson said. “We are honored that Judy is a member of the HRC family and know that her work to create a more inclusive and just world will only continue.”

Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).

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Four states to ignore new Title IX rules protecting transgender students

Biden administrationĀ last Friday released final regulations

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March for Queer and Trans Youth Autonomy in D.C. in 2023. (Washington Blade photo by Michael Key)

BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity. 

The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S. 

As of Thursday morning, however, officials in at least four states ā€” Oklahoma, Louisiana, Florida, and South Carolina ā€” have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.

Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a ā€œright to bullyā€ transgender students by using their old names and pronouns intentionally. 

Asserting that Title IX law does not protect trans and queer students, Brumley states that schools ā€œshould not alter policies or procedures at this time.ā€ Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of AppealsĀ in a recent case in West Virginia.

In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX ā€œwould rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,ā€ apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity. 

She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Donā€™t Say Gay or Trans” law, such bills continue to be proposed in the state.

Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, ā€œWhile Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.ā€

Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to ā€œgaslighting the country into believing that biological sex no longer has any meaning.ā€ 

Governor Ron DeSantis approved of the letter and stated that Florida ā€œwill not comply.ā€ Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Donā€™t Say Gay or Trans” law that was used to force a trans female teacher to go by ā€œMr.ā€

State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role ā€œto improve school safety,ā€ and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.

The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations ā€œclearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.ā€ The Human Rights Campaign also praised the rule, stating, ā€œrule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.ā€

The rule is slated to go into effect Aug. 1, pending any legal challenges.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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White House debuts action plan targeting pollutants in drinking water

Same-sex couples face higher risk from environmental hazards

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President Joe Biden speaks with reporters following an Earth Day event on April 22, 2024 (Screen capture: Forbes/YouTube)

Headlining an Earth Day event in Northern Virginia’s Prince William Forest on Monday, President Joe Biden announced the disbursement of $7 billion in new grants for solar projects and warned of his Republican opponent’s plans to roll back the progress his administration has made toward addressing the harms of climate change.

The administration has led more than 500 programs geared toward communities most impacted by health and safety hazards like pollution and extreme weather events.

In a statement to the Washington Blade on Wednesday, Brenda Mallory, chair of the White House Council on Environmental Quality, said, ā€œPresident Biden is leading the most ambitious climate, conservation, and environmental justice agenda in history ā€” and that means working toward a future where all people can breathe clean air, drink clean water, and live in a healthy community.”

ā€œThis Earth Week, the Biden-Harris Administration announced $7 billion in solar energy projects for over 900,000 households in disadvantaged communities while creating hundreds of thousands of clean energy jobs, which are being made more accessible by the American Climate Corps,” she said. “President Biden is delivering on his promise to help protect all communities from the impacts of climate change ā€” including the LGBTQI+ community ā€” and that we leave no community behind as we build an equitable and inclusiveĀ clean energy economy for all.ā€

Recent milestones in the administration’s climate policies include the U.S. Environmental Protection Agency’s issuance on April 10 of legally enforceable standard for detecting and treating drinking water contaminated with polyfluoroalkyl substances.

“This rule sets health safeguards and will require public water systems to monitor and reduce the levels of PFAS in our nationā€™s drinking water, and notify the public of any exceedances of those levels,” according to a White House fact sheet. “The rule sets drinking water limits for five individual PFAS, including the most frequently found PFOA and PFOS.”

The move is expected to protect 100 million Americans from exposure to the “forever chemicals,” which have been linked to severe health problems including cancers, liver and heart damage, and developmental impacts in children.

An interactive dashboard from the United States Geological Survey shows the concentrations of polyfluoroalkyl substances in tapwater are highest in urban areas with dense populations, including cities like New York and Los Angeles.

During Biden’s tenure, the federal government has launched more than 500 programs that are geared toward investing in the communities most impacted by climate change, whether the harms may arise from chemical pollutants, extreme weather events, or other causes.

New research by the Williams Institute at the UCLA School of Law found that because LGBTQ Americans are likelier to live in coastal areas and densely populated cities, households with same-sex couples are likelier to experience the adverse effects of climate change.

The report notes that previous research, including a study that used “national Census data on same-sex households by census tract combined with data on hazardous air pollutants (HAPs) from the National Air Toxics Assessment” to model “the relationship between same-sex households and risk of cancer and respiratory illness” found “that higher prevalence of same-sex households is associated with higher risks for these diseases.”

“Climate change action plans at federal, state, and local levels, including disaster preparedness, response, and recovery plans, must be inclusive and address the specific needs and vulnerabilities facing LGBT people,” the Williams Institute wrote.

With respect to polyfluoroalkyl substances, the EPA’s adoption of new standards follows other federal actions undertaken during the Biden-Harris administration to protect firefighters and healthcare workers, test for and clean up pollution, and phase out or reduce use of the chemicals in fire suppressants, food packaging, and federal procurement.

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