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New executive order recommits Biden-Harris administration to fighting for equity

LGBTQ, intersex issues included in new directive

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President Joe Biden (Official White House photo by Adam Schultz)

President Joe Biden signed a sweeping executive order on Thursday that recommits his administration to the fight for racial equity and support for underserved communities that were central to Executive Order 13985, the policy the president signed on his first day in office.

Both executive orders are broad in scope and detailed in practice, demanding a “whole of government approach” to root out and remedy the systemic racism that is baked into American institutions, including the federal government.

In a fact sheet accompanying Thursday’s Executive Order on Further Advancing Racial Equity and Support for Underserved Communities through The FederalĀ Government, the White House said that despite progress under the Biden-Harris administration over the last two years, “underserved communities ā€” many of whom have endured generations of discrimination and disinvestment ā€” still confront unacceptable barriers to equal opportunity and the American dream.”

The White House further notes in the new executive order that its mandate is complemented by Executive Order 14035 of June 25, 2021 (“Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce”).

The new document includes mention of the historic achievements for LGBTQ Americans during the Biden-Harris administration:

“We have taken historic steps to advance full equality for lesbian, gay, bisexual, transgender, queer and intersex (LGBTQI+) Americans, including by ending the ban on transgender service members in our military; prohibiting discrimination based on sexual orientation, gender identity, and sex characteristics across Federal programs; and signing into law the Respect for Marriage Act (Public Law 117-228) to preserve protections for the rights of same-sex and interracial couples.

My administration is also implementing the first-ever National Strategy on Gender Equity and Equality to ensure that all people, regardless of gender, have the opportunity to realize their full potential.”

Speaking with reporters on Thursday, Chiraag Bains, Biden’s deputy assistant for racial justice and equity, said “this is about racial equity, but it is about equity more broadly as well, and that includes for LGBTQI+ Americans as well.”

Bains noted the timeliness of the new executive order as Republican state legislators have issued a record breaking number of anti-LGBTQ bills, overwhelmingly targeting the transgender community.

He acknowledged these matters are “a matter of life and death,” pointing to the shooting at Club Q, an LGBTQ nightclub in Colorado Springs, Colo., last November.

Thursday’s executive order also stipulates that “in September 2023, and on an annual basis thereafter, concurrent with the agenciesā€™ submission to [the Office of Management and Budget] for the presidentā€™s budget, agency heads shall submit an Equity Action Plan to the Steering Committee.”

Among the equity action plans will be one to “include actions to advance equity” pursuant to June 2022’s Executive Order on Advancing Equality for Lesbian, Gay, Bisexual, Transgender, Queer and IntersexĀ Individuals. Ā 

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The White House

White House does not ‘respond’ to reporters’ requests with pronouns included

Government workers were ordered not to self-identify their gender in emails

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White House Press Secretary Karoline Leavitt and a senior advisor in the Department of Government Efficiency rejected requests from reporters who included their pronouns in the signature box of their emails, each telling different reporters at the New York Times that “as a matter of policy,” the Trump-Vance administration will decline to engage with members of the press on these grounds.

News of the correspondence between the journalists and the two senior officials was reported Tuesday by the Times, which also specified that when reached for comment, the White House declined to “directly say if their responses to the journalists represented a new formal policy of the White House press office, or when the practice had started.”

ā€œAny reporter who chooses to put their preferred pronouns in their bio clearly does not care about biological reality or truth and therefore cannot be trusted to write an honest story,ā€ Leavitt told the Times.

Department of Government Efficiency Senior Advisor Katie Miller responded, ā€œI donā€™t respond to people who use pronouns in their signatures as it shows they ignore scientific realities and therefore ignore facts.ā€

Steven Cheung, the White House communications director, wrote in an email to the paper: ā€œIf The New York Times spent the same amount of time actually reporting the truth as they do being obsessed with pronouns, maybe they would be a half-decent publication.ā€

A reporter from Crooked media who got an email similar to those received by the Times reporters said, ā€œI find it baffling that they care more about pronouns than giving journalists accurate information, but here we are.”

The practice of adding pronouns to asocial media bios or the signature box of outgoing emails has been a major sticking point for President Donald Trump’s second administration since Inauguration Day.

On day one, the White House issued an executive order stipulating that the federal government recognizes gender as a binary that is immutably linked to one’s birth sex, a definition excludes the existence of intersex and transgender individuals, notwithstanding the biological realities that natal sex characteristics do not always cleave neatly into male or female, nor do they always align with one’s gender identity .

On these grounds, the president issued another order that included a directive to the entire federal government workforce through the Office of Personnel Management: No pronouns in their emails.

As it became more commonplace in recent years to see emails with “she/her” or “he/him” next to the sender’s name, title, and organization, conservatives politicians and media figures often decried the trend as an effort to shoehorn woke ideas about gender (ideas they believe to be unscientific), or a workplace accommodation made only for the benefit of transgender people, or virtue-signaling on behalf of the LGBTQ left.

There are, however, any number of alternative explanations for why the practice caught on. For example, a cisgender woman may have a gender neutral name like Jordan and want to include “she/her” to avoid confusion.

A spokesman for the Times said: ā€œEvading tough questions certainly runs counter to transparent engagement with free and independent press reporting. But refusing to answer a straightforward request to explain the administrationā€™s policies because of the formatting of an email signature is both a concerning and baffling choice, especially from the highest press office in the U.S. government.ā€

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The White House

USCIS announces it now only recognizes ‘two biological sexes’

Immigration agency announced it has implemented Trump executive order

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An American flag flies in front of a privately-run U.S. Immigration and Customs Enforcement detention center in the Southeast U.S. on July 31, 2020. U.S. Citizenship and Immigration Services has announced it now only recognizes "two biological genders, male and female." (Washington Blade photo by Yariel ValdƩs GonzƔlez)

U.S. Citizenship and Immigration Services on Wednesday announced it now only “recognizes two biological sexes, male and female.”

A press release notes this change to its policies is “consistent with” the “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” executive order that President Donald Trump signed shortly after he took office for the second time on Jan. 20.

ā€œThere are only two sexes ā€” male and female,ā€ said DHS spokesperson Tricia McLaughlin in a statement. “President Trump promised the American people a revolution of common sense, and that includes making sure that the policy of the U.S. government agrees with simple biological reality.”

“Proper management of our immigration system is a matter of national security, not a place to promote and coddle an ideology that permanently harms children and robs real women of their dignity, safety, and well-being,ā€ she added.

The press release notes USCIS “considers a personā€™s sex as that which is generally evidenced on the birth certificate issued at or nearest to the time of birth.”

“If the birth certificate issued at or nearest to the time of birth indicates a sex other than male or female, USCIS will base the determination of sex on secondary evidence,” it reads.

The USCIS Policy Manuel defines “secondary evidence” as “evidence that may demonstrate a fact is more likely than not true, but the evidence does not derive from a primary, authoritative source.”

“Records maintained by religious or faith-based organizations showing that a person was divorced at a certain time are an example of secondary evidence of the divorce,” it says.

USCIS in its press release notes it “will not deny benefits solely because the benefit requestor did not properly indicate his or her sex.”

ā€œThis is a cruel and unnecessary policy that puts transgender, nonbinary, and intersex immigrants in danger,” said Immigration Equality Law and Policy Director Bridget Crawford on Wednesday. “The U.S. government is now forcing people to carry identity documents that do not reflect who they are, opening them up to increased discrimination, harassment, and violence. This policy does not just impact individuals ā€” it affects their ability to travel, work, access healthcare, and live their lives authentically.” Ā 

“By denying trans people the right to self-select their gender, the government is making it harder for them to exist safely and with dignity,” added Crawford. “This is not about ā€˜common senseā€™ā€”it is about erasing an entire community from the legal landscape. Transgender, nonbinary, and intersex people have always existed, and they deserve to have their identities fully recognized and respected. We will continue to fight for the rights of our clients and for the reversal of this discriminatory policy.ā€Ā 

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The White House

Trump threatens Maine’s Democratic governor over trans athlete ban

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President Donald Trump (Washington Blade photo by Michael Key)

President Donald Trump threatened to withhold federal funding from Maine after the state’s Democratic Gov. Janet Mills refused to say that she would enforce his administration’s ban on transgender women and girls competing in sports.

Their brief but heated exchange during a meeting of the National Governors Association at the White House on Friday kicked off when Mills agreed only to abide by “state and federal law” and Trump told her, ā€œWe are the federal law. You better do it because youā€™re not going to get any federal funding if you don’t.”

“See you in court,” Mills responded.

ā€œGood,” Trump agreed, “I’ll see you in court. I look forward to that. That should be a real easy one. And enjoy your life after governor, because I don’t think you’ll be in elected politics.”

Two days after Trump’s issuance of the executive order”Keeping Men Out of Women’s Sports” on Feb. 5, the governing body responsible for overseeing high school sports in Maine said trans athletes would still be allowed to compete because the ban was in conflict with provisions of the Maine state Human Rights Act.

The president previewed his proposal to condition federal funding on states’ compliance with the policy during a meeting on Thursday of the Republican Governors Association.

Earlier on Friday, Mills vowed in a statement that ā€œIf the President attempts to unilaterally deprive Maine school children from the benefit of Federal funding, my Administration and the Attorney General will take appropriate and necessary legal action to restore that funding and the academic opportunity it provides.”

Echoing her comments, the state’s Democratic Attorney General Aaron Frey said in a statement Friday morning that “Any attempt by the President to cut federal funding in Maine unless transgender athletes are restricted from playing sports would be illegal and in direct violation of court orders.”

ā€œFortunately, though, the rule of law still applies in this country, and I will do everything in my power to defend Maineā€™s laws and block efforts by the President to bully and threaten us,” he said.

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