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Biden signs executive order to protect abortion access

U.S. Supreme Court struck down Roe v. Wade last month

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(White House screenshot)

President Biden on Friday signed an executive order protecting access to reproductive health care services.

The president is under pressure from Democrats to step-up actions in the wake of the U.S. Supreme Court decision that overturned Roe v. Wade.

Biden made it clear that Congress needs to codify reproductive healthcare choices, however he also stated that he would continue to take actions on his own to to defend reproductive rights and protect access to safe and legal abortion.

Flanked by Vice President Kamala Harris and Health and Human Services Secretary Xavier Becerra in the Roosevelt Room, the president spoke about the order and the circumstances leading to the need for the executive order.

Biden referring to the Supreme Court ruling as “the wrong headed decision,” castigated the court for “playing fast and loose with the facts,” using the argument that abortion wasn’t rooted in historical precedent.

“The Supreme Court in Dobbs made a terrible, extreme and I think totally wrong-headed decision to overturn Roe v. Wade … This was not a decision driven by the Constitution […or] by history,” he said.

Biden then criticized the majority for reading the Constitution as frozen in the mindset of the 1800s, when women didn’t even have the right to vote.

Quoting the justice in dissent he then noted that the court decision was use of raw political power, saying that the court had finally a conservative majority to walk back the decision.

Biden urged that voters push out the Republicans in the upcoming mid-term elections labeling the Republicans as “extremist.” He then angrily cited the recent example of the 10-year-old rape victim in Ohio who was forced to travel to neighboring Indiana to have an abortion.

“Ten years old! … A 10 year old girl should be forced to give birth to a rapist’s child? What could be more extreme,” Biden said.

He warned that extremist Republicans even want to impose a national ban on abortion. As long as he’s president such a bill would be vetoed, he said.

The president also specified the need to have the Federal Trade Commission to regulate data brokers and others to enforce privacy for people using apps that expose them to the transfer and sales of sensitive health-related data.

Flanked by Vice President Kamala Harris and Health and Human Services Secretary Xavier Becerra in the Roosevelt Room, the president spoke about the order and the circumstances leading to the need for the Executive Order.
(Screenshot/YouTube White House Channel)

Biden then outlined that the Executive Order included:

  • Safeguarding access to reproductive health care services, including abortion and contraception;
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  • Protecting the privacy of patients and their access to accurate information;
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  • Promoting the safety and security of patients, providers, and clinics; and
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  • Coordinating the implementation of Federal efforts to protect reproductive rights and access to health care.

The White House released the language of the executive order prior to Biden signing it:

The president has directed the secretary of Health and Human Services (HHS) to take the following actions and submit a report to him within 30 days on efforts to:

  • Protect Access to Medication Abortion.Ā HHS will take additional action to protect and expand access to abortion care, including access to medication that the FDA approved as safe and effective over 20 years ago. These actions will build on the steps the secretary of HHS has already taken at the presidentā€™s direction following the decision to ensure that medication abortion is as widely accessible as possible.
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  • Ensure Emergency Medical Care.Ā HHS will take steps to ensure all patients ā€“ including pregnant women and those experiencing pregnancy loss ā€“ have access to the full rights and protections for emergency medical care afforded under the law, including by considering updates to current guidance that clarify physician responsibilities and protections under the Emergency Medical Treatment and Labor Act (EMTALA).Ā 
    Ā 
  • Protect Access to Contraception.Ā HHS will take additional actions to expand access to the full range of reproductive health services, including family planning services and providers, such as access to emergency contraception and long-acting reversible contraception like intrauterine devices (IUDs). In all 50 states and the District of Columbia, the Affordable Care Act guarantees coverage of womenā€™s preventive services, including free birth control and contraceptive counseling, for individuals and covered dependents. The secretary of HHS has already directed the Centers for Medicare and Medicaid Services to take every legally available step to ensure patient access to family planning care and to protect family planning providers.
    Ā 
  • Launch Outreach and Public Education Efforts.Ā Ā HHS will increase outreach and public education efforts regarding access to reproductive health care services ā€” including abortion ā€” to ensure that Americans have access to reliable and accurate information about their rights and access to care.
    Ā 
  • Convene Volunteer Lawyers.Ā The attorney general and the White House counsel will convene private pro bono attorneys, bar associations, and public interest organizations to encourage robust legal representation of patients, providers, and third parties lawfully seeking or offering reproductive health care services throughout the country.Ā Such representation could include protecting the right to travel out of state to seek medical care. Immediately following the Supreme Court decision, the president announced his administrationā€™s position that Americans must remain free to travel safely to another state to seek the care they need, asĀ the attorney general made clear in his statement, and his commitment to fighting any attack by a state or local official who attempts to interfere with women exercising this right.

PROTECTING PATIENT PRIVACY AND ACCESS TO ACCURATE INFORMATION

The presidentā€™s executive order takes additional steps to protect patient privacy, including by addressing the transfer and sales of sensitive health-related data, combatting digital surveillance related to reproductive health care services, and protecting people seeking reproductive health care from inaccurate information, fraudulent schemes, or deceptive practices.Ā The executive order will:

  • Protect Consumers from Privacy Violations and Fraudulent and Deceptive Practices.Ā The president has asked the chair of the Federal Trade Commission to consider taking steps to protect consumersā€™ privacy when seeking information about and provision of reproductive health care services.Ā The president also has directed the secretary of HHS, in consultation with the attorney general and chair of the FTC, to consider options to address deceptive or fraudulent practices, including online, and protect access to accurate information.
  • Protect Sensitive Health Information.Ā HHS will consider additional actions, including under the Health Insurance Portability and Accountability Act (HIPAA), to better protect sensitive information related to reproductive health care. The secretary of HHS has already directed the HHS Office for Civil Rights to take initial steps to ensure patient privacy and nondiscrimination of patients, as well as providers who provide reproductive health care, including by:
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    • IssuingĀ new guidanceĀ to address how the HIPAA Privacy Rule protects the privacy of individualsā€™ protected health information, including information related to reproductive health care. The guidance helps ensure doctors and other medical providers and health plans know that, with limited exceptions, they are not required ā€“ and in many cases, are not permitted ā€“ to disclose patientsā€™ private information, including to law enforcement.Ā 
      Ā 
    • IssuingĀ a how-to guideĀ for consumers on steps they can take to make sure theyā€™re protecting their personal data on mobile apps.

PROMOTING SAFETY AND SECURITY

The executive order addresses the heightened risk related to seeking and providing reproductive health care and will:

  • Protect Patients, Providers and Clinics.Ā  The administration will ensure the safety of patients, providers, and third parties, and to protect the security of other entities that are providing, dispensing, or delivering reproductive health care services.Ā This charge includes efforts to protect mobile clinics, which have been deployed to borders to offer care for out-of-state patients.Ā 

COORDINATING IMPLEMENTATION EFFORTS

To ensure the federal government takes a swift and coordinated approach to addressing reproductive rights and protecting access to reproductive health care, the presidentā€™s executive order will:

  • Establish an Interagency Task Force.Ā The president has directed HHS and the White House Gender Policy Council to establish and lead an interagency Task Force on Reproductive Health Care Access, responsible for coordinating federal interagency policymaking and program development.Ā This task force will also include the attorney general.Ā In addition, the attorney general will provide technical assistance to states affording legal protection to out-of-state patients as well as providers who offer legal reproductive health care.Ā 

EXECUTIVE ORDER BUILDS ON ADMINISTRATIONā€™S ACTIONS TO PROTECT ACCESS TO REPRODUCTIVE HEALTH CARE

In addition to the actions announced today, the Biden-Harris administration has taken the following steps to protect access to reproductive health care and defend reproductive rights in the wake of the Supreme Court decision inĀ Dobbs.Ā On the day of the decision,Ā the president strongly denounced the decisionĀ as an affront to womenā€™s fundamental rights and the right to choose In addition to action mentioned above, the Biden-Harris administration is:

  • Supporting Providers and Clinics.Ā The secretary of HHS directed all HHS agencies to ensure that all HHS-funded providers and clinics have appropriate training and resources to handle family planning needs, andĀ announced nearly $3 million in new fundingĀ to bolster training and technical assistance for the nationwide network of Title X family planning providers.
    Ā 
  • Promoting Access to Accurate Information.Ā On the day of the Supreme Courtā€™s decision, HHS launchedĀ ReproductiveRights.gov, which provides timely and accurate information about reproductive rights and access to reproductive health care.Ā This includes know-your-rights information for patients and providers and promoting awareness of and access to family planning services, as well as guidance forĀ how to file a patient privacy or nondiscrimination complaintĀ with its Office for Civil Rights.Ā 
    Ā 
  • Providing LeaveĀ for Federal Workers Traveling for Medical Care.Ā The Office of Personnel ManagementĀ issued guidanceĀ affirming that paid sick leave can be taken to cover absences for travel to obtain reproductive health care.
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  • Protecting Access to Reproductive Health Care Services for Service members, DoD Civilians, and Military Families.Ā The Department of Defense issued a memo to the Force, DoD civilians and military families on ensuring access to essential womenā€™s health care services. The memo reiterates that the department will continue to provide seamless access to reproductive healthcare for military and civilian patients, as permitted by federal law.Ā Military providers will continue to fulfill their duty to care for service members, military dependents and civilian personnel who require pregnancy termination in the cases of rape, incest, or to protect the life of the mother.

 

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The White House

Jill and Ashley Biden headline White House Pride celebration

First lady celebrated historic pardons of LGBTQ veterans

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First lady Jill Biden speaks at the White House Pride event on June 26. (Washington Blade photo by Michael Key)

First lady Jill Biden and the president and first lady’s daughter, Ashley Biden, headlined the White House Pride celebration on the South Lawn on Wednesday, followed by a performance by singer and actress Deborah Cox.

“My dad has built the most pro-equality administration” in history, Ashley Biden said, crediting the work of LGBTQ people of color like Marsha P. Johnson, a prominent figure in the Stonewall uprising of 1969, as well as “so many of you [who] have continued to lead their fearless fighting against against injustice here and around the world.”

She introduced her mother as “the woman who taught me to be myself up showed me in so many ways how I can make a difference” and who “works every single day, tirelessly, to ensure that all people have the opportunities and freedoms that they deserve.”

“I hope that all of you feel that freedom and love on the South Lawn today,” Jill Biden said.

Her remarks were briefly interrupted by a protestor’s chants of “no Pride in genocide,” which was drowned out by chants of “four more years.”

The first lady noted how many of the attendees came “here from states that are passing laws targeting LGBTQ Americans.”

“There are those who see our communities and our families and wish to tear them down,” she said, “those who can’t see that the world is so much bigger and [more] beautiful than they know ā€” but when our homes are threatened, when they strip away our rights, and deny our basic humanity, we say, ‘not on our watch.'”

“Pride is a celebration, but it is also a declaration,” the first lady said, highlighting the U.S. Supreme Court’s ruling in Obergefell v. Hodges nine years ago, which established marriage equality as the law of the land.

She then credited the accomplishments of the Biden-Harris administration on matters of LGBTQ rights, including the repeal of the previous administration’s ban on military service by transgender servicemembers and the FDA’s loosening of restrictions on blood donation by gay and bisexual men.

The first lady also celebrated the president’s announcement earlier on Wednesday that he will pardon LGBTQ veterans who were discharged and court martialed because of their sexual orientation or gender identity.

“We will never stop fighting for this community,” she said.

First lady Jill Biden and daughter, Ashley Biden, attend the White House Pride celebration on June 26, 2024. (Washington Blade photo by Michael Key)
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HISTORIC: Biden pardons discharged LGBTQ veterans

Move will facilitate access to benefits they were denied

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President Joe Biden (Screen capture/YouTube)

President Joe Biden on Wednesday issued historic pardons for military service members who were discharged over their sexual orientation or gender identity under discriminatory policies of the past, like “Don’t Ask, Don’t Tell.”

“Our nationā€™s service members stand on the frontlines of freedom, and risk their lives in order to defend our country,” he said in a statement. “Despite their courage and great sacrifice, thousands of LGBTQI+ service members were forced out of the military because of their sexual orientation or gender identity.”

“Some of these patriotic Americans were subject to court-martial, and have carried the burden of this great injustice for decades,” the president said.

“As commander-in-chief, I am committed to maintaining the finest fighting force in the world. That means making sure that every member of our military is safe and respected ā€” so they can focus on their mission,” he said.

“This is about dignity, decency, and ensuring the culture of our Armed Forces reflect the values that make us an exceptional nation,” Biden said. “We have a sacred obligation to all of our service members ā€” including our brave LGBTQI+ service members: To properly prepare and equip them when they are sent into harmā€™s way, and to care for them and their families when they return home.”

“Today we are making progress in that pursuit.”

The president also issued a Proclamation on Granting Pardon for Certain Violations of Article 125 Under the Uniform Code of Military Justice, which specifies that “The Military Departments (Army, Navy, or Air Force), or in the case of the Coast Guard, the Department of Homeland Security, in conjunction with the Department of Justice, shall provide information about and publicize application procedures for certificates of pardon.”

Veterans who were discharged for their sexual orientation or gender identity are barred from accessing benefits through the U.S. Department of Veterans Affairs.

Senior administration officials explained during a call with reporters on Tuesday that veterans who obtain certificates of pardon will be able to petition for a change in their discharge status, which can facilitate their access to benefits.

Officials on Tuesday’s call said they will proactively reach out to these service members to make them aware of the president’s clemency action and to connect them with pro-bono attorneys who can help them navigate the process.

“We intend, and have intended, to design this process in a way where people do not need attorneys to go through it, and we think it is easily accessible, but we also recognize that for some people, that would be beneficial, and so are busy at work trying to make those connections happen,” an official said.

The officials did not address a question from the Washington Blade about whether LGBTQ groups including those representing LGBTQ veterans were involved in the administration’s work leading up to the president’s issuance of the pardons, but several organizations celebrated the announcement on Wednesday.

ā€œWe applaud President Biden for taking action today, and the Biden-Harris Administrationā€™s efforts to address this historic injustice that impacted thousands of LGBTQ+ people in the military for decades, with the effects still felt by many to this day,” said Human Rights Campaign President Kelley Robinson.

“This move to rightfully restore reputations lost and gratitude owed to service members who were punished for who they loved is long overdue, and a significant step in the right direction,ā€ she said.

GLAAD President Sarah Kate Ellis wrote on social media, ā€œTodayā€™s move by President Biden to pardon LGBTQ service members who were unfairly forced out of the military under the discriminatory ā€˜Donā€™t Ask, Donā€™t Tellā€™ is his administrationā€™s 343rd pro-LGBTQ action. It is an important signal not only to the thousands of brave LGBTQ Americans who deserved better for defending our country but to all who understand that diversity, respect, and inclusion are American values.ā€

The Congressional Equality Caucus released a statement from the chair, U.S. Rep. Mark Pocan (D-Wis.): ā€œI thank President Biden for taking this important step to right the wrongs of the past and restore honor to LGBTQI+ Americans who bravely served their nation in uniform.ā€ 

ā€œThis is an important step forward in addressing the wrongs of anti-equality policies like ‘Donā€™t Ask, Donā€™t Tell,’ and I urge the Military Departments to ensure these pardons are processed as swiftly as possible,” the congressman said. “I am committed to building upon this important action, including by passing myĀ Restore Honor to Service Members ActĀ into law to ensure that the service and sacrifice of every veteran is honored, regardless of who they are or who they love.ā€

“PFLAG families have advocated for the dignity and respect due our LGBTQ+ heroes in uniform since the dark days of ‘Don’t Ask, Don’t Tell,’ and the shadow discharges that predated that discriminatory policy,”Ā said PFLAG National CEO Brian K. Bond.

“As someone who worked on repeal during the Obama-Biden administration I met incredible patriots that just wanted to serve their country,” he said. “Thank you to the Biden-Harris administration and those who continue to fight for military families’ freedom to serve. This welcomed day is long overdue for thousands of LGBTQ+ veterans and their families.”

Lawyers for a group of LGBTQ veterans who are plaintiffs in Farrell v. Department of Defense also released a statement:

ā€œWe applaud President Biden and his administration for todayā€™s announcement pardoning approximately 2,000 LGBTQ+ veterans who were court-martialed under ‘Donā€™t Ask, Donā€™t Tell’ and similar policies. This is a necessary and important step in recognizing and remediating the harms ā€” that still exist today ā€” caused by these policies, despite their repeals.

“While the pardons represent an important milestone, we must emphasize that there is still critical work to be done. Those pardoned will still need to obtain new discharge papers from the Department of Defense, which are essential for accurately reflecting their service and accessing veteransā€™ benefits. And, of course, there are tens of thousands of other veterans who continue to suffer the ongoing stigma of their discriminatory discharge. 

“We will continue to vigorously litigate our case, Farrell v. Department of Defense, to ensure that all LGBTQ+ veterans who were wrongfully discharged from the military based on sexual orientation receive upgraded discharge papers with all indicators of sexual orientation removed. This remains a critical step for these veterans to receive the honor and status they rightfully deserve, having served our country with dignity and integrity.ā€

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EXCLUSIVE: Jill Biden to host White House Pride celebration

Event to take place on June 26

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First lady Jill Biden (Washington Blade photo by Michael Key)

First lady Jill Biden will host the White House Pride Month celebration on June 26, according to a press release previewed by the Washington Blade.

The party on the South Lawn will also feature a performance by singer, songwriter, actress, and record producer Deborah Cox and musical selections by DJ Trifle.

This year’s event comes on Equality Day this year, which honors the anniversaries of three landmark U.S. Supreme Court decisions that expanded rights and protections for LGBTQ Americans: Lawrence v. Texas (2003), which struck down sodomy laws, United States v. Windsor (2013), which struck down the Defense of Marriage Act, and Obergefell v. Hodges (2015), which made marriage equality the law of the land.

The White House highlighted some of the “historic action” taken by President Joe Biden to “advance LGBTQ+ equality for the community,” including:

  • Signing into law the landmark Respect for Marriage Act which protects the rights of same-sex and interracial couples;
  • Appointing a historic number of LGBTQI+ and transgender appointees, including the first transgender American to be confirmed by the U.S. Senate;
  • Directing all federal agencies to strengthen civil rights protections on the basis of gender identity, resulting in agencies working to strengthen protections in housing, health care, education, employment, the criminal justice system, nutrition programs, and more;
  • Reversing the ban on open service by transgender members of the military;
  • Signing an executive order focused on LGBTQI+ children and families that directs agencies to address the dangerous and discredited practice of so-called ā€œconversion therapyā€ and finalized rule-making that ends disparities that LGBTQI+ children and parents face in the child welfare and foster care system and protects against disparities in health care; and
  • President Biden continues to call on Congress to pass the Equality Act to enshrine civil rights protections for LGBTQI+ Americans in federal law.

Last year, the president and the first lady hosted the celebration, which was the largest Pride event ever held at the White House.

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