Another Day One Target List for LGBTQ+ Rights
Regulations in the Crosshairs
It’s been a bonkers day in D.C. The overwhelm of news serves a function in the midst: to make it extremely hard to focus, to get any kind of clarity, or to advocate in a meaningful way.
And still, we do just that.
The incoming administration is likely to target existing regulations and Executive Actions to roll back protections against LGBTQ+ persons. In a previous post, I outlined the Executive Orders that are at risk.
As always, none of this is written to scare or overwhelm; I put it out so that we can all know what to expect and prepare for the incoming administration’s efforts at re-discrimination against LGBTQ+ people.
For starters, here are the basics on how regulatory actions can be repealed in a new administration:
The Biden administration has complied in advance by withdrawing two rules last month:
Would have limited the situations in which schools could prohibit transgender students to compete in athletic events.
Withdrawn on December 26, 2024
State Department: Nondiscrimination in Foreign Assistance
Would have extended a nondiscrimination policy re: sexual orientation, and gender identity/expression to awards to foreign assistance funds.
Withdrawn on December 23, 2024
Executive Actions. There are two executive actions likely to face repeal as early as next week:
National Security Memo-4: Advancing the Human Rights of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Persons Around the World
Directs agencies to combat criminalization of LGBTQI+ status or conduct abroad, protect vulnerable LGBTQI+ refugees and asylum seekers, among other protections.
OPM Memo: Guidance Regarding Gender Identity and Inclusion in the Federal Workplace
Requires agencies to afford a non-discriminatory and inclusive work environment to applicants and employees irrespective of their sex, gender identity, gender expression or sexual orientation.
Regulations. And, most significantly, there are a series of 10 regulations (by my count) that may also face early negative action which protect LGBTQ+ folks:
Defense:
Articulates documentation requirements to address the modification of gender in DoD identification cards.
Education:
Expands the protections of Title IX to prohibit discrimination based on sexual orientation and gender identity.
Health and Human Services:
Designated Placement Requirements Under Title IV-E and IV-B for LGBTQI+ Children
Requires that foster care agencies to implement specific processes and requirements to ensure that children in foster care who identify as LGBTQI+ would be placed with foster care providers who are equipped to meet their specific needs related to their sexual orientation and gender identity.
Health and Human Services Grants Regulation
For HHS nondiscrimination provisions, interprets the prohibition on the basis of sex to include discrimination on the bases of sexual orientation and gender identity.
Nondiscrimination in Health Programs and Activities
Regarding § 1557 of the Affordable Care Act, clarifies that the prohibition of discrimination based on sex also includes discrimination based on sexual orientation or gender identity.
Housing and Urban Development:
Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity
Implements policy to ensure that its core programs are open to all eligible individuals and families regardless of sexual orientation of gender identity.
Ensures equal access for individuals in accordance with their gender identity in programs and shelter funded via HUD’s Office of Community Planning and Development.
Section 202 Direct Loan Technical Amendments
Clarifies that nondiscrimination provisions in HUD’s programs regarding direct loans for Housing for the Elderly and Persons with Disabilities extends to discrimination based on sexual orientation and gender identity.
Labor:
Extends employment nondiscrimination protections which federal contractors must observe extends to sexual orientation or gender identity.
Notification of Interpretation of Section 188 of the Workforce Innovation and Opportunity Act
Extends nondiscrimination protections under the Workforce Innovation and Opportunity Act to any discrimination based on sexual orientation or gender identity.
In the coming days, I’ll be launching a ‘target tracker’ page on my main site to keep up with any activity on this front. I’ll drop the link in a post once I do, and send out a note on it, as well.
Build Community. Be Strategic. We’re all in this together.
The time and verbiage devoted to excluding Americans from living their lives never ceases to confound me. Clearly, I need to be a Senator. In my next life.