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President Biden Issues Most Substantive, Wide-Ranging LGBTQ Executive Order In U.S. History

Today, the Human Rights Campaign responded to the release of an executive order that implements the U.S. Supreme Court’s ruling in the consolidated cases Bostock v. Clayton County, Altitude Express v. Zarda and R.G. & G.R. Harris Funeral Homes v. EEOC. The Order is included in a series of Day One Executive Orders that also includes executive actions launching a “whole-of-government” response to address racial equity, improving response to the COVID-19 pandemic and reducing its economic impact on the vulnerable, and combating climate change.

“Biden’s Executive Order is the most substantive, wide-ranging executive order concerning sexual orientation and gender identity ever issued by a United States president. Today, millions of Americans can breathe a sigh of relief knowing that their President and their government believe discrimination based on sexual orientation and gender identity is not only intolerable but illegal. By fully implementing the Supreme Court’s historic ruling in Bostock, the federal government will enforce federal law to protect LGBTQ people from discrimination in employment, health care, housing, and education, and other key areas of life. While detailed implementation across the federal government will take time, this Executive Order will begin to immediately change the lives of the millions of LGBTQ people seeking to be treated equally under the law. The full slate of Day One Executive Orders mark a welcome shift from the politics of xenophobia and discrimination to an administration that embraces our world, its people and its dreamers. We look forward to continuing to engage with the White House, Department of Justice, and other agencies to ensure that Bostock is properly implemented across the federal government.”


Alphonso David, President, Human Right Campaign

On June 15, in a landmark ruling in the consolidated cases of Bostock v. Clayton County, Altitude Express v. Zarda and R.G. & G.R. Harris Funeral Homes v. EEOC, the Supreme Court of the United States affirmed that discrimination on the basis of sexual orientation and gender identity is a form of prohibited sex discrimination. In July 2020, HRC spearheaded a letter along with other leading LGBTQ rights organizations to call on the Department of Justice to not delay the application of the law and fully enforce the Supreme Court’s Bostock decision. However, the Trump Justice Department failed to adequately instruct the federal government to implement the ruling, leading to dangerous misinterpretations like the one the Department of Education released last week and that issued by the Department of Justice Civil Rights Division on Sunday.

Over the months since Election Day, HRC made clear to the Biden-Harris Transition Team that implementing Bostock should be one of the top LGBTQ priorities for the upcoming administration. We released the Blueprint for Positive Change 2020, an important brief that includes 85 individual policy recommendations, reaching across the federal government, aimed at bettering the daily lives of LGBTQ people at home and abroad. Other recommendations include eliminating the transgender military ban, enforcing civil rights statutes and provisions and appointing openly-LGBTQ justices, judges, executive officials and ambassadors.

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