Did you hear we got a gift from Pride Season?

As people who live at the intersections of identities, we understand what that's like. Progress for some but total onslaught attacks for others. And during this pride season, we saw the federal government do its best to address some of the harm being done in statehouses across this country. Currently, more than 320 anti-LGBTQ bills have been introduced in statehouses. We are representing a massive assault on the full equality of individuals. During this month's pride reception at the White House, the President signed an executive order supporting LGBTQ rights in the country. The order directs federal agencies to take steps within their purview and current legal guidance to stem some harm to the LGBT community.

Unfortunately, federal power is limited without legislation such as the Equality Act. Executive orders can end with a President but laws can live beyond the President who signs them. The Equality Act would enshrine protections within a legal framework that supersedes some state laws. It would create a federal jurisdiction and cause of action to go after states for not upholding what would be the law. However, as we wait for the Senate's passage of the Equality Act, the Biden administration is doing its part to create a better environment for LGBTQ people. They recognize that people can't wait, and the government needs to respond to the brazen attacks on our equality, dignity, and existence.

The executive order signed by the President instructs several actions through federal agencies to protect LGBTQ individuals. First, the order would direct the Health and Human Services office to expand access to gender-affirming care and advanced LGBTQ inclusive learning environments in schools through the Department of Education. Next, the order would explicitly ban federal funding for forms of conversion therapy. But it would go a step further in an exciting move. It would also ask the Federal Trade Commission to consider whether conversion therapy constitutes an unfair or deceptive act. This would open up practitioners of said torture to further legal challenges and liabilities against practicing this kind of abuse on LGBTQ people.

Furthermore, the executive order would establish a coordinating committee to lead efforts across federal agencies around data collection on sexual orientation and gender identity. One thing is very true about the government if they cannot count you, if they cannot see you, they cannot crack programs that are dressed for your needs and be responsive to your demands.

Demand such as increasing service and support through the Department of Health and Human Services to address the ongoing epidemic of suicide you suicide among LGBTQ people and the structural violence created by homelessness affecting LGBTQ people.

These are just some highlights of what the White House has offered us through this executive order. It is one of the most significant pieces of LGBTQ executive orders we've ever seen. Suppose even some of it comes to fruition. In that case, it will make a massive difference in the lives of people in our communities across the country. As we track the implementation of this order, it will be paramount for our communities to know what is happening and how we gain access to the new resources. I will continue to watch the space and keep you informed about what's happening so that you can take advantage of this moment. With that, I leave you directly from the White House itself a link to their FAQ sheet on the executive order and an adjusted list of all the things coming our way. This is what it means to fight for people who care about equality from the mouths of the government itself.

 

Direct from the White House:

  • 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 to address 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. 

  • 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.

  • 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.

  • 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 support 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 identify and address the barriers to housing faced by LGBTQI+ people, provide guidance and technical assistance to housing providers in 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.