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hachikoma

Banned
Oct 29, 2017
1,628

Today, to mark Pride Month, President Biden will sign an Executive Order Advancing Equality for LGBTQI+ Individuals, and he will welcome LGBTQI+ families, advocates, elected officials, and leaders to the White House for a reception.
ADDRESSING DISCRIMINATORY LEGISLATIVE ATTACKS

Over 300 anti-LGBTQI+ laws have been introduced in state legislatures over the past year, and many of them specifically target transgender children and their parents by banning access to medical care and support at school. President Biden is addressing these harmful, hateful, and discriminatory attacks head-on – not only by speaking up for America's families, but taking action to stand up to the bullies targeting LGBTQI+ people.

To help support impacted families, President Biden is charging the Department of Health and Human Services (HHS) with protecting LGBTQI+ children and families from attacks on their access to health care, and has instructed HHS to release new sample policies for states on how to expand access to comprehensive health care for LGBTQI+ patients. The President is also directing the Department of Education with addressing the impacts of state laws that target LGBTQI+ students, and has charged the department with releasing a sample school policy for achieving full inclusion for LGBTQI+ students.
ADDRESSING "CONVERSION THERAPY"

As a candidate, President Biden pledged to help end so-called "conversion therapy" – a discredited and dangerous practice that seeks to suppress or change the sexual orientation or gender identity of LGBTQI+ people. Today, President Biden is using his executive authority to launch an initiative to protect children across America and crack down on this harmful practice, which every major medical association in the United States has condemned.

Children who are exposed to so-called "conversion therapy" face higher rates of attempted suicide and trauma. Numerous states across the country have already passed bipartisan laws to prevent exposure to so-called "conversion therapy," with Republican and Democratic governors signing state bans on conversion therapy into law. Yet despite these efforts, many people in the United States and around the world are still subjected to this practice.

President Biden is charging HHS with leading an initiative to reduce the risk of youth exposure to this dangerous practice. HHS will explore guidance to clarify that federally-funded programs cannot offer so-called "conversion therapy." HHS will also increase public awareness about its harms, provide training and technical assistance to health care providers, and expand support for services to help survivors.

President Biden is also encouraging the Federal Trade Commission to consider whether the practice constitutes an unfair or deceptive act or practice, and whether to issue consumer warnings or notices. And, he is directing the Secretaries of State, Treasury, and HHS to develop an action plan to promote an end to so-called "conversion therapy" around the world and ensure that U.S. foreign assistance dollars do not fund the practice.
SAFEGUARDING HEALTH CARE AND PREVENTING LGBTQI+ YOUTH SUICIDE

Because of discrimination and bullying, nearly half of LGBTQI+ youth seriously considered suicide last year. LGBTQI+ people of all ages also face significant barriers to accessing health care, and LGBTQI+ patients face significant health disparities. To safeguard access to health care for LGBTQI+ patients and address the LGBTQI+ youth mental health crisis, President Biden is charging HHS with taking steps to address the barriers and exclusionary policies that LGBTQI+ individuals and families face in accessing quality, affordable, comprehensive health care, including mental health care, reproductive health care, and HIV prevention and treatment. The President's Order charges HHS to work with states to promote expanded access to gender-affirming care. It also charges HHS to help prevent LGBTQI+ suicide by expanding youth access to suicide prevention resources, and to issue new guidance through the Substance Abuse and Mental Health Services Administration on providing evidence-informed mental health care for LGBTQI+ youth.
SUPPORTING LGBTQI+ CHILDREN AND FAMILIES

LGBTQI+ children and families deserve the same dignity and respect as all American families. But LGBTQI+ children and families continue to face significant barriers and discrimination. For LGBTQI+ young people, family rejection can lead to disproportionately high rates of homelessness and over-representation in foster care. And for LGBTQI+ parents and households, significant barriers remain in accessing vital government benefits and services, and achieving housing security. Providing these young Americans and families with the resources and support they need will help ensure more children and families have access to loving homes that decrease the risk of abuse and suicide.
President Biden's Executive Order will:

  • Address discrimination and barriers faced by LGBTQI+ youth, parents, caretakers, and families in foster care. Although LGBTQI+ parents play a vital role in ensuring that every child in America has a loving home, and are seven times more likely to adopt a child from foster care, these parents continue to face barriers and biases in the child welfare system. To address these disparities, President Biden is charging HHS with strengthening LGBTQI+ non-discrimination protections in the foster care system. His Executive Order also charges HHS with launching a new initiative to partner with state child welfare agencies to improve outcomes for LGBTQI+ youth in care; increase training for child welfare personnel on best practices for supporting LGBTQI+ youth; promote placements of children into environments that will support their sexual orientation and gender identity; and study and address the disproportionate rates of child removals that LGBTQI+ parents face, especially women of color.
  • Support families with LGBTQI+ youth. When youth come out as LGBTQI+, parents and family members often seek help to learn how to best support their child. When children face rejection by their families, they risk higher rates of homelessness and attempted suicide. To support families with LGBTQI+ youth, President Biden is directing HHS to expand access to voluntary family counseling and support programs to help support youth and families. The President's Executive Order also charges the Center for Disease Control and Prevention with researching the impacts of family rejection on the mental health and long-term wellbeing of LGBTQI+ individuals.
  • Review access, and barriers, for families to federal programs and benefits. In spite of important progress in ensuring that same-sex married couples can access federal programs, many LGBTQI+ families continue to face barriers in accessing vital benefits and services. For LGBTQI+ people who have faced family rejection and rely on family structures without legal or blood ties, these barriers can be particularly pronounced. To strengthen supports for all families, the President's Executive Order directs HHS to conduct a study of how current eligibility standards for federal programs impact LGBTQI+ and other households, and issue recommendations for more inclusive standards. The Executive Order also directs the Office of Management and Budget to coordinate with agencies as they seek opportunities to implement those recommendations in their programs and services.
  • Address LGBTQI+ homelessness and housing instability. President Biden is directing the Department of Housing and Urban Development with launching a new Working Group on LGBTQI+ Homelessness and Housing Equity. That Working Group will lead new efforts to identity and address the barriers to housing faced by LGBTQI+ people, provide guidance and technical assistance to housing providers on serving LGBTQI+ individuals, and seek new funding opportunities for culturally appropriate services that address barriers to housing for LGBTQI+ individuals.
  • Support LGBTQI+ students in our Nation's schools and educational institutions. The President's Executive Order directs the Department of Education to establish a new Working Group on LGBTQI+ Students and Families, which will advance policies for states, school districts, and other educational institutions to promote safe and inclusive learning environments in which all students thrive.
  • Support LGBTQI+ youth in juvenile justice systems. The Executive Order charges the Attorney General with establishing a new clearinghouse within the Office of Juvenile Justice and Delinquency Prevention to provide effective training, technical assistance, and other resources for jurisdictions to better serve LGBTQI+ youth involved in the juvenile justice system.
ADDITIONAL STEPS TO ADVANCE LGBTQI+ EQUALITY
President Biden's Executive Order also includes additional new steps to advance LGBTQI+ equality, including:

  • Strengthen supports for LGBTQI+ older adults. Older LGBTQI+ people face significant rates of discrimination, isolation, and poverty. The President's Executive Order directs HHS to publish a "Bill of Rights for LGBTQI+ Older Adults" and new guidance on the non-discrimination protections for older adults in long-term care settings. It also charges HHS with exploring new rulemaking to establish that LGBTQI+ individuals are included in the definition of populations of "greatest social need" under the Older Americans Act.
  • Promote expanded federal data collection on sexual orientation and gender identity. To strengthen the federal collection of sexual orientation and gender identity ("SOGI") data, the President's Executive Order establishes a new federal coordinating committee on SOGI data, which will lead efforts across agencies to identify opportunities to strengthen SOGI data collection, while safeguarding privacy protections and civil rights for LGBTQI+ individuals.


No language yet, so no way to know what it actually does or how far it goes. Advocates have been demanding action - especially protecting trans youth - for forever at this point.
 

Deleted member 110527

Mar 11, 2022
1,311
i think now is the time to start solidifying any queer protections we can before they all get unceremoniously taken away from us, but the above just uses a lot of verbage that makes it seem like Biden is doing nothing but saying "hey, y'all should tell people to stop doing that bad stuff!", doesn't seem like anything is actually happening... but i could be misunderstanding! if i'm missing the trick here, please let me know because i'm hoping this is more than that.
 
OP
OP
hachikoma

hachikoma

Banned
Oct 29, 2017
1,628
i think now is the time to start solidifying any queer protections we can before they all get unceremoniously taken away from us, but the above just uses a lot of verbage that makes it seem like Biden is doing nothing but saying "hey, y'all should tell people to stop doing that bad stuff!", doesn't seem like anything is actually happening... but i could be misunderstanding!! if i'm missing something, please someone point it out to me!
There's nothing to miss until the language is out. I'll update the thread when I see it, since it'll hit my work email as soon it's available.
 

Deleted member 43

Account closed at user request
Banned
Oct 24, 2017
9,271
i think now is the time to start solidifying any queer protections we can before they all get unceremoniously taken away from us, but the above just uses a lot of verbage that makes it seem like Biden is doing nothing but saying "hey, y'all should tell people to stop doing that bad stuff!", doesn't seem like anything is actually happening... but i could be misunderstanding!! if i'm missing something, please someone point it out to me!
There are some positive actual things being done here, but this is only an Executive Order. Biden can't create new laws by himself, he can only instruct the departments of the Executive branch to take specific actions within already existing law.

So, it's something. It may even be most or everything he can do on his own. But there are very hard limits on that.
 

Deleted member 110527

Mar 11, 2022
1,311
There are some positive actual things being done here, but this is only an Executive Order. Biden can't create new laws by himself, he can only instruct the departments of the Executive branch to take specific actions within already existing law.

So, it's something. It may even be most or everything he can do on his own. But there are very hard limits on that.

appreciate the explanation!
 

bruhaha

Banned
Jun 13, 2018
4,122
But he didn't do it on the first day of Pride Month to kick it off so it's meaningless. /s
 

Volimar

volunteer forum janitor
Member
Oct 25, 2017
38,766
I don't know how EOs are gonna counter state laws, especially with this SCOTUS, but I hope there's a way.
 

Thordinson

Banned
Aug 1, 2018
18,129
I don't know how EOs are gonna counter state laws, especially with this SCOTUS, but I hope there's a way.

This doesn't counter state laws or the executive directives in states like Florida or Texas but it does do a ton of good for LGBTQ+ folks.

i think now is the time to start solidifying any queer protections we can before they all get unceremoniously taken away from us, but the above just uses a lot of verbage that makes it seem like Biden is doing nothing but saying "hey, y'all should tell people to stop doing that bad stuff!", doesn't seem like anything is actually happening... but i could be misunderstanding! if i'm missing the trick here, please let me know because i'm hoping this is more than that.

There's not a whole lot Biden can do about it without Congress.
 
i think now is the time to start solidifying any queer protections we can before they all get unceremoniously taken away from us, but the above just uses a lot of verbage that makes it seem like Biden is doing nothing but saying "hey, y'all should tell people to stop doing that bad stuff!", doesn't seem like anything is actually happening... but i could be misunderstanding! if i'm missing the trick here, please let me know because i'm hoping this is more than that.
Biden / the Feds can accomplish some real pressure by denying federal funding to anyone engaging in fuckery. Depending on the program and the funding level this aspect might do some real good. It is definitely something red states will scream about and try to appeal right up to SCOTUS.

This is why people are hoping the language and the specific strategies are airtight so that the corrupt SCOTUS cannot easily block things.
 

Deleted member 110527

Mar 11, 2022
1,311
There's not a whole lot Biden can do about it without Congress.

Biden / the Feds can accomplish some real pressure by denying federal funding to anyone engaging in fuckery. Depending on the program and the funding level this aspect might do some real good. It is definitely something red states will scream about and try to appeal right up to SCOTUS.

This is why people are hoping the language and the specific strategies are airtight so that the corrupt SCOTUS cannot easily block things.

thank you! i kinda speed read it since i'm at work (lol), so some clarification and context helps me grasp it a bit more.
 

Thordinson

Banned
Aug 1, 2018
18,129
Biden / the Feds can accomplish some real pressure by denying federal funding to anyone engaging in fuckery. Depending on the program and the funding level this aspect might do some real good. It is definitely something red states will scream about and try to appeal right up to SCOTUS.

This is why people are hoping the language and the specific strategies are airtight so that the corrupt SCOTUS cannot easily block things.

I'm not sure exactly how Biden does this.

I mean regarding the "LEGISLATIVE ATTACKS" part of the announcement. I'm all for whatever he can do.

That's what I mean, he can't stop it. He needs Congress.
 

Sam Bridges

Member
May 3, 2022
326
this is what I was thinking, and besides that these Executive Orders can get repealed at a federal level after Biden is gone yeah?

Any EO can be undone by the succeeding president, but that's really no different than pointing out that any law passed by Congress can be repealed by the following session; in other words it's not a reason to not issue good EOs. Like good laws, good and beneficial executive orders can prove popular enough that overturning them would be bad politics and not worth the effort for the succeeding administration.

I have no idea how much good an EO along these lines can really do because I'm not a constitutional scholar, but if it remains in place long enough to have tangible, positive results, it's entirely possible for it to gain enough long term support that the next Republican president simply decides it's not worth fucking with it. That's an iffy proposition given the current slate of republicans and how laser-focused they are on targeting LGBTQIA people, especially trans people, but progress happens every day little by little, and the more progress we do make the harder we make it for republicans to try and take it away.
 

DNAbro

Member
Oct 25, 2017
25,965
I'm glad they are acknowledging that LGBTQ people are being deliberately attacked. It's tiring seeing just silence from Democratic politicians on that front while Republicans are just beating the drum with attacks.
 
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hachikoma

hachikoma

Banned
Oct 29, 2017
1,628
This doesn't counter state laws or the executive directives in states like Florida or Texas but it does do a ton of good for LGBTQ+ folks.



There's not a whole lot Biden can do about it without Congress.
It's complex because it's both currently being litigated and is actively going through the rulemaking process right now, but the federal government absolutely can and should find states limiting access to care to be out of sync with HHS/other agency rules by initiating compliance reviews or starting investigations. The DOJ also can and should join the ongoing legal cases. They absolutely have the tools to go ham if they're willing.
 

Helix

Mayor of Clown Town
Member
Jun 8, 2019
23,863
Any EO can be undone by the succeeding president, but that's really no different than pointing out that any law passed by Congress can be repealed by the following session; in other words it's not a reason to not issue good EOs. Like good laws, good and beneficial executive orders can prove popular enough that overturning them would be bad politics and not worth the effort for the succeeding administration.

I have no idea how much good an EO along these lines can really do because I'm not a constitutional scholar, but if it remains in place long enough to have tangible, positive results, it's entirely possible for it to gain enough long term support that the next Republican president simply decides it's not worth fucking with it. That's an iffy proposition given the current slate of republicans and how laser-focused they are on targeting LGBTQIA people, especially trans people, but progress happens every day little by little, and the more progress we do make the harder we make it for republicans to try and take it away.

fair enough, I just hope it leads to something, anything more permanent.
 

Thordinson

Banned
Aug 1, 2018
18,129
It's complex because it's both currently being litigated and is actively going through the rulemaking process right now, but the federal government absolutely can and should find states limiting access to care to be out of sync with HHS/other agency rules by initiating compliance reviews or starting investigations. The DOJ also can and should join the ongoing legal cases. They absolutely have the tools to go ham if they're willing.

I don't think the rulemaking process is going to do much as far as moves like what's happening in Florida. States get to decide experimental treatments and they decided gender-affirming care is experimental.

They could join lawsuits but I'm not sure that does a whole lot either with the current SCOTUS.
 

Sam Bridges

Member
May 3, 2022
326
Biden / the Feds can accomplish some real pressure by denying federal funding to anyone engaging in fuckery.

To my knowledge any executive order dealing with federal spending must be authorized by Congress, because Congress alone determines how federal funds are distributed. If Congress passed legislation granting the president the authority to withhold/withdraw apportioned federal funds on the basis of activities relating to this issue, then he could do something like that, but without that express authorization by Congress, the president can't just withhold/withdraw funds that have already been appropriated by Congress for specific purposes.
 

Sam Bridges

Member
May 3, 2022
326
fair enough, I just hope it leads to something, anything more permanent.

So do I. I agree this isn't the best way to go about it, but when fighting against an entire party hellbent on being as cruel as fucking possible, not to mention some bigoted assholes in your own party, Biden's options are pretty limited and I think he should take his shots where he can.

At the very least it forces subsequent republican administrations to own their actions if they decide to fuck with the EO later on, and that hurts them with people who might vote for them but aren't part of their base.
 

thediamondage

Member
Oct 25, 2017
11,345
Beyond doing whats right etc its a good strategic move, sets up positions for democrats and republicans in 2024 elections - turn these EOs into legislation (more congress/senators for democrats party plank) or roll back this EO (republicans).
 
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hachikoma

hachikoma

Banned
Oct 29, 2017
1,628
I don't think the rulemaking process is going to do much as far as moves like what's happening in Florida. States get to decide experimental treatments and they decided gender-affirming care is experimental.

They could join lawsuits but I'm not sure that does a whole lot either with the current SCOTUS.
They have plenty of leeway to weigh in on things like this using several cudgels, whether it's funding, Medicaid requirements, Section 1557 of the ACA, or one of several other methods. The fact that they haven't tried anything is a choice, not a legal imperative. The DOJ also has standing to bring its own cases against states if it wants to; it just doesn't seem to want to.

Also, for folks saying these things are easy to roll back, that's certainly true, but competent administrations engage in agency followthrough to embed these principles as deeply as they can in policies and procedures. It takes active intent and time to root out and reverse that stuff if they do it right.
 

crienne

Member
Oct 25, 2017
5,200
I'm too cynical to think this will actually lead to something good and long-lasting, but I at least appreciate that he's fucking trying to do something.
 

Thordinson

Banned
Aug 1, 2018
18,129
They have plenty of leeway to weigh in on things like this using several cudgels, whether it's funding, Medicaid requirements, Section 1557 of the ACA, or one of several other methods. The fact that they haven't tried anything is a choice, not a legal imperative. The DOJ also has standing to bring its own cases against states if it wants to; it just doesn't seem to want to.

Also, for folks saying these things are easy to roll back, that's certainly true, but competent administrations engage in agency followthrough to embed these principles as deeply as they can in policies and procedures. It takes active intent and time to root out and reverse that stuff if they do it right.

I'm not sure they can remove funding and if they do, this still hurts trans folks. I'm not sure Section 1557 applies when they are determining gender-affirming care is experimental which states are given the ability to decide.
 

ResetSoul

Banned
Jul 29, 2021
1,366
Does this do anything for reporting bias crimes?

I've been badgering the police for 2 years now about a massive theft and series of frauds and abuses that left me homeless and hungry and took my livelihood away from me completely. In my state, the law dictates that any crime being reported that has aspects of discrimination based on marital status, disability, sexual orientation or several other factors must be accepted, investigated, and automatically forwarded to the District Attorney's office. After 2 years of publicly documenting the situation and being essentially disowned by my remaining family over it, the police have finally assigned it a permanent case numbers and claim to be investigating, but I lie awake every night feeling as though I'm just getting more lip service even though huge aspects of what happened are well documented and, in several cases, literally audio/video recorded.