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For starters, here are the basics on how regulatory actions can be repealed in a new administration: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:

• Education: Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance: Sex-Related Eligibility Criteria for Male and Female Athletic Teams

  • 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  • Withdrawn on December 26, 2024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  • Withdrawn on December 23, 2024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:

  • Identification (ID) Cards for Members of the Uniformed Services, Their Dependents, and Other Eligible Individuals

    • Articulates documentation requirements to address the modification of gender in DoD identification cards.

• Education:

  • Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance

    • 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.

  • Equal Access in Accordance With an Individual’s Gender Identity in Community Planning and Development Programs

    • 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:

  • Implementation of Executive Order 13672 Prohibiting Discrimination Based on Sexual Orientation and Gender Identity by Contractors and Subcontractors

    • 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.