President Joe Biden assumed office in the White House with a strong commitment to defend transgender Americans against Republican policies that demonized them as a danger to children and aimed to exclude them from public life. In his first State of the Union address in 2021, Biden reassured the transgender community that he had their support and echoed this sentiment in subsequent speeches. Despite these assurances, concerns have arisen as President-elect Donald Trump, known for his derogatory remarks towards transgender individuals during his campaign, is set to take office. Trump has stated that the official U.S. government policy will recognize only two genders, male and female, and intends to issue executive orders targeting transgender individuals early in his presidency.
Democrats, including Vice President Kamala Harris, are grappling with how to navigate transgender issues following the GOP’s exploitation of Democratic support for the transgender community to win the White House and Congress. As the Trump campaign highlighted Harris’s previous statements on transgender issues to sway swing voters, Democrats are facing challenges in addressing these concerns effectively.
Towards the end of his term, Biden withdrew proposed protections for transgender student-athletes and signed legislation that omitted coverage for transgender medical treatments for the children of service members. These actions are part of a common strategy by outgoing administrations to solidify policies before the incoming president can alter them. However, some transgender individuals question why Biden did not prioritize plans that could have better shielded them from Trump’s policies.
While Biden appointed transgender individuals to key roles within his administration and reversed Trump’s ban on transgender individuals serving in the military, concerns remain about the administration’s efforts to fully support the transgender community. The administration has made progress in rectifying past injustices and advancing equality, including allowing U.S. citizens to choose an “X” as the gender marker on their passports. Despite these advancements, there are areas where the administration has faltered, such as failing to fully uphold Title IX, defend transgender healthcare, and address anti-trans violence.
Critics argue that Biden has neglected the transgender community in certain areas and could have taken more robust measures to protect them. LGBTQ+ advocates have accused the administration of abandoning efforts to fully support transgender individuals. Moving forward, there is hope that the work to advance transgender rights will continue beyond Biden’s term in office.
President Biden faced criticism from the transgender community after signing the annual defense bill into law, despite his objections to a provision that limited the military’s health program from covering certain medical treatments for transgender children in military families. The nation’s largest LGBTQ+ organization representing service members and veterans expressed disappointment, stating that Biden’s decision contradicted claims of having the most pro-LGBTQ+ administration in American history.
Kelley Robinson, president of the Human Rights Campaign, highlighted that this was the first federal law targeting LGBTQ+ individuals since the 1990s when Congress passed the Defense of Marriage Act, defining marriage as between a man and a woman. President Bill Clinton, a Democrat, signed this controversial law, which he later expressed regret over.
The restriction on medical coverage for transgender minors comes at a time when 26 states have implemented laws restricting or banning gender-affirming medical care for this demographic, with many of these laws facing legal challenges. While federal judges have ruled bans in Arkansas and Florida as unconstitutional, a federal appeals court has temporarily halted the Florida ruling, and a judge’s order in Montana is currently preventing the enforcement of a similar ban.
Additionally, 25 states have enacted laws prohibiting transgender women and girls from participating in certain women’s sports competitions. Legal challenges have temporarily stopped the enforcement of bans in Arizona, Idaho, and Utah.
When President Biden proposed prohibiting outright bans on transgender student-athletes in 2023, trans rights advocates criticized the plan for potentially allowing individual schools to restrict some athletes from competing based on their gender identity. The sports proposal, intended as an extension of civil rights protections for LGBTQ+ students under Title IX, faced multiple delays before being abandoned.
These delays were widely seen as political tactics by Biden in an election year, with Republicans voicing concerns about transgender athletes in girls’ sports. If the rule had been finalized, it would likely have faced legal challenges similar to those that prevented the broader Title IX policy from taking effect in numerous states.
