Social policy of the Joe Biden administration

Last updated

The social policy of the Joe Biden administration is intended to improve racial equity, increase access to safe and legal abortions, tighten restrictions on gun sales, among other aims. A number of policies aim to reverse the former policies of President Donald Trump, including the "Muslim" travel ban and loosened anti-discriminatory policies relating to LGBT people.[ citation needed ]

Contents

Law enforcement and justice

Capital punishment

Joe Biden is the first U.S. president to openly oppose the death penalty. [1]

Gun policy

President Biden promised to introduce a stiffer gun-control policy, while Vice President Kamala Harris has a history of implementing tough-on-guns measures during her time as attorney general of California. [2] [3]

Due to fears of the Biden administration in tandem with the Democratic Party controlling Congress to enact sweeping gun reform legislation, gun owners across the country reported a big increase in sales in the two weeks preceding Biden's inauguration, as firearm sellers in states such as California, Virginia, Tennessee, Montana, and Florida saw lines stretching out the doors of some stores. [3]

Biden signed the Bipartisan Safer Communities Act, a major piece of gun control legislation, into law on June 25, 2022. [4]

Immigration

Travel ban

Biden was a vocal opponent of Trump's controversial travel ban, which had set immigration restrictions on predominantly Muslim countries, and then with proclamations predominantly African countries. On his first day as president, Biden passed Presidential Proclamation 10141, which revoked Executive Order 13769, Executive Order 13780, and Presidential Proclamations 9645, 9723, and 9983, which mandated the travel ban. [5]


Illegal drugs

Pursuant to regulations (34 CFR 86) required by the Drug-Free Schools and Communities Act Amendments of 1989 (codified at 20 U.S.C. § 1011i), as a condition of receiving funds or any other form of financial assistance under any Federal program, an institution of higher education must certify that it has adopted and implemented a drug prevention program which adheres to regulations in 34 CFR 86.100. It has recently gained renewed attention due to Colorado Amendment 64. [ citation needed ]

Medical marijuana

President Biden stated in February 2021 that his administration will pursue cannabis decriminalization, as well as seek expungements for people with prior cannabis convictions. As of January 2021, although Biden had stood for decriminalization and descheduling during his campaign, the administration had not formulated an explicit policy on cannabis. Some political and cannabis industry observers like the editor of Leafly thought the administration would be likely to assist in carrying out his campaign promises on cannabis through the MORE Act, sponsored by then-Senator Kamala Harris, or through executive order. Failing full legalization, he could improve banking access by supporting the SAFE Act.[ citation needed ]

LGBT rights

Executive Order 13988 - Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation Executive Order 13988.pdf
Executive Order 13988 – Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation

During his 2020 presidential campaign, Biden vowed to support legislation and action to prohibit discrimination against transgender people, and to combat hate crimes targeting LGBT persons, including violence and harassment against transgender people. [6] [7] [8] He supports the Equality Act, which would add sex, sexual orientation and gender identity to the Civil Rights Act of 1964, as well as the Safe Schools Improvement Act, a proposed anti-bullying law. [7]

In office, Biden signed Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, which aimed to prevent and combat discrimination on the basis of gender identity or sexual orientation, and to fully enforce Title VII of the Civil Rights Act of 1964 and other laws that prohibit discrimination on the basis of gender identity or sexual orientation. Biden also aimed to enforce Bostock v. Clayton County (2020), where the Supreme Court held that Title VII's prohibition on discrimination "because of . . . sex" covers discrimination on the basis of gender identity and sexual orientation. [9] He also signed Executive Order 14004, Enabling All Qualified Americans to Serve Their Country in Uniform, which reversed the Trump administration's previous memorandum that prevented most transgender individuals from serving in the United States Armed Forces. [10] [11]

On April 11, 2022, the U.S. State Department allowed applicants to select "gender X" on their passports and made sex designation a matter of self-identification. [12] [13]

On December 13, 2022, Biden signed the Respect for Marriage Act into law, repealing the Defense of Marriage Act and codifying federal recognition of same-sex and interracial marriages. [14]

Pride month

During the 2023 June Pride Month, Biden launched LGBTQI+ Community Safety Partnership because transgender women "have experienced disproportionately high rates of violence and hate crimes for decades." [15] He also decried "prejudiced" laws passed in various states. [16]

On June 10, 2023, Biden and his wife hosted a Pride event on the White House South Lawn. He told his audience, "So today, I want to send a message to the entire community — especially to transgender children: You are loved. You are heard. You're understood. And you belong." [17]

Race relations

During his early days in office, Biden focused on racial equity more than any president since Lyndon B. Johnson, who passed the Civil Rights Act of 1964. [18] Biden embraced and continued on the social policies of Barack Obama, the first African-American president, under whom he had been vice president.

African Americans

Biden passed Executive Order 13985, which advances racial equity and support for under-served communities through the federal government. It revoked Executive Order 13958, passed by Trump, which had established the controversial 1776 commission to counter critical race theory pushed by the 1619 project. [19]

He signed the Juneteenth National Independence Day Act, which established Juneteenth as a federal holiday. He also signed the Emmett Till Antilynching Act, which criminalizes lynching as a hate crime under federal law.

White supremacy

The 2021 United States Capitol attack and its aftermath highlighted the rise of domestic violent extremism (DVE), along with white supremacy, as a national security threat. [20] [21] The Biden administration stated in a press briefing that they were committed to developing policies and strategies based on objective and rigorous analysis with respect for constitutionally protected free speech and political activities. [21] The Biden administration requested the ODNI, along with the FBI and DHS, to perform a comprehensive threat assessment drawing from governmental and non-governmental organizations, law enforcement, and intelligence officials. [21] [22] [23] The administration also ordered the building of an NSC capability, to focus on countering DVE, and a policy review effort to determine how the government can "share information better about this threat, support efforts to prevent radicalization, disrupt violent extremist networks, and more". [21] [24] Biden also ordered the coordinating of government agencies to enhance and accelerate efforts to address DVE, such as an NSC-convened process to focus on "addressing evolving threats, radicalization, the role of social media, opportunities to improve information sharing, operational responses, and more". [21] [25] [26]

Abortion

Roe v. Wade

The Biden administration supports codifying the right to an abortion via passage of the Women's Health Protection Act, and opposed the judgement of the U.S. Supreme Court in Dobbs v. Jackson Women's Health Organization , which reversed Roe v. Wade , a decision that gave federal protection of abortion rights. The administration is also committed to eliminate maternal and infant health disparities, increase access to contraception, and support families economically. [27]

Biden issued Executive Order 14076, titled "Protecting Access to Reproductive Healthcare Services" [28] following the Dobbs decision. This executive order directs the Department of Health and Human Services (HHS) to expand and make accessible multiple forms of contraception, such as medication abortion, emergency contraception, and long-term contraception. Other components of the order include public outreach, a reproductive healthcare task force, and clarification of the responsibilities and protections of physicians through the Emergency Medical Treatment and Labor Act. [29]

President Biden signed the executive order "Securing Access to Reproductive and Other Healthcare Services" on August 3, 2022, due to restrictions on abortions at the state level following Dobbs. Biden's executive order expands access to reproductive health services through Medicaid funds for patients crossing state lines. It also emphasizes non-discrimination laws and attempts to ensure that people are not denied reproductive health care. [30]

Mexico City policy

On January 28, 2021, President Biden issued an executive order that rescinds the "global gag" rule, best known as the "Mexico City policy", which bans US government funding for non-governmental organizations (NGOs) that perform abortions or support the right of women to terminate a pregnancy. [31]

Title X

On October 5, 2021, the Biden administration announced a reversal of a Trump-era rule that banned providers who offered abortions or referred patients for abortions from receiving Title X funding. [32] The administration said that the move is intended to increase the quality of family care that was decreased under this rule.

State-level abortion laws

Following the 2022 elections, the Biden administration praised the passage of pro-abortion referendums such as Michigan Proposal 3 and the rejection of anti-abortion referendums such as the Kansas Value Them Both Amendment. [33]

The Biden administration has denounced state-level abortion bans in states such as Indiana, [34] and unsuccessfully litigated one of Texas' abortion bans in United States v. Texas .

Related Research Articles

<span class="mw-page-title-main">Title IX</span> US federal law prohibiting sex discrimination

Title IX is a landmark federal civil rights law in the United States that was enacted as part of the Education Amendments of 1972. It prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government. This is Public Law No. 92‑318, 86 Stat. 235, codified at 20 U.S.C. §§ 1681–1688.

<span class="mw-page-title-main">LGBT rights in the United States</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in the United States are among the most advanced in the world, with public opinion and jurisprudence changing significantly since the late 1980s.

Joe Biden, President of the United States, served as Vice President from 2009 to 2017 and in the United States Senate from 1973 until 2009. A member of the Democratic Party, he made his second presidential run in 2008, later being announced as Democratic presidential nominee Barack Obama's running mate in 2008. He was elected vice president in 2008 and re-elected in 2012. In April 2019, Biden announced his 2020 presidential campaign. He became the presumptive Democratic nominee in April 2020, was formally nominated by the Democratic Party in August 2020, and defeated Republican incumbent Donald Trump in the November 2020 election.

In the United States, the rights of transgender people vary considerably by jurisdiction. In recent decades, there has been an expansion of federal, state, and local laws and rulings to protect transgender Americans; however, many rights remain unprotected, and some rights are being eroded. Since 2020, there has been a national movement by conservative/right-wing politicians and organizations to target transgender rights. There has been a steady increase in the number of anti-transgender bills introduced each year, especially in Republican-led states.

<span class="mw-page-title-main">LGBT rights in Nebraska</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Nebraska may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Nebraska, and same-sex marriage has been recognized since June 2015 as a result of Obergefell v. Hodges. The state prohibits discrimination on account of sexual orientation and gender identity in employment and housing following the U.S. Supreme Court's ruling in Bostock v. Clayton County and a subsequent decision of the Nebraska Equal Opportunity Commission. In addition, the state's largest city, Omaha, has enacted protections in public accommodations.

<span class="mw-page-title-main">LGBT rights in Oklahoma</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Oklahoma face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Oklahoma as a result of the U.S. Supreme Court decision in Lawrence v. Texas, although the state legislature has not repealed its sodomy laws. Both same-sex marriage and adoption by same-sex couples have been permitted since October 2014. State statutes do not prohibit discrimination based on sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal. This practice may still continue, as Oklahoma is an at-will employment state and it is still legal to fire an employee without requiring the employer to disclose any reason.

<span class="mw-page-title-main">LGBT employment discrimination in the United States</span>

LGBT employment discrimination in the United States is illegal under Title VII of the Civil Rights Act of 1964; employment discrimination on the basis of sexual orientation or gender identity is encompassed by the law's prohibition of employment discrimination on the basis of sex. Prior to the landmark cases Bostock v. Clayton County and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission (2020), employment protections for LGBT people were patchwork; several states and localities explicitly prohibit harassment and bias in employment decisions on the basis of sexual orientation and/or gender identity, although some only cover public employees. Prior to the Bostock decision, the Equal Employment Opportunity Commission (EEOC) interpreted Title VII to cover LGBT employees; the EEOC determined that transgender employees were protected under Title VII in 2012, and extended the protection to encompass sexual orientation in 2015.

Executive Order 13672, signed by U.S. President Barack Obama on July 21, 2014, amended two earlier executive orders to extend protection against discrimination in hiring and employment to additional classes. It prohibited discrimination in the civilian federal workforce on the basis of gender identity and in hiring by federal contractors on the basis of both sexual orientation and gender identity.

<span class="mw-page-title-main">Transgender people and military service</span>

Not all armed forces have policies explicitly permitting LGBT personnel. Generally speaking, Western European militaries show a greater tendency toward inclusion of LGBT individuals. As of 2022, more than 30 countries allow transgender military personnel to serve openly, such as Argentina, Australia, Austria, Belgium, Bolivia, Brazil, Canada, Chile, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Israel, Japan, Mexico, the Netherlands, New Zealand, Norway, Spain, Sweden, Switzerland, Ukraine and the United States. Cuba and Thailand reportedly allowed transgender service in a limited capacity.

<span class="mw-page-title-main">Equality Act (United States)</span> Bill to prohibit sexual orientation and gender identity discrimination in the 117th Congress

The Equality Act was a bill in the United States Congress, that, if passed, would amend the Civil Rights Act of 1964 to prohibit discrimination on the basis of sex, sexual orientation and gender identity in employment, housing, public accommodations, education, federally funded programs, credit, and jury service. The Supreme Court's June 2020 ruling in Bostock v. Clayton County protects gay and transgender people in matters of employment, but not in other respects. The Bostock ruling also covered the Altitude Express and Harris Funeral Homes cases.

Title IX of the United States Education Amendments of 1972 prohibits discrimination "on the basis of sex" in educational programs and activities that receive financial assistance from the federal government. The Obama administration interpreted Title IX to cover discrimination on the basis of assigned sex, gender identity, and transgender status. The Trump administration determined that the question of access to sex-segregated facilities should be left to the states and local school districts to decide. The validity of the executive's position is being tested in the federal courts.

The social policy of the Donald Trump administration was generally socially conservative. As of 2016, Donald Trump described himself as pro-life with exceptions for rape, incest, and circumstances endangering the life of the mother. He said he was committed to appointing justices who may overturn the ruling in Roe v. Wade. Trump appointed three Supreme Court justices during his presidency. All of them later went on to vote in the majority opinion of Dobbs v. Jackson Women's Health Organization, the Supreme Court case overturning Roe v. Wade and ending federal abortion rights nationwide.

The legal and regulatory history of transgender and transsexual people in the United States begins in the 1960s. Such legislation covers federal, state, municipal, and local levels, as well as military justice. It reflects broader societal attitudes which have shifted significantly over time and have impacted legislative and judicial outcomes.

<span class="mw-page-title-main">Transgender personnel in the United States military</span>

In more recent years, openly transgender people have served or sought to serve in the military. The subject began to engender some political controversy starting with transgender servicemembers being banned in 1960 and possibly earlier. This controversy came to a head in the 2010s and was subjected to relatively rapid changes for the next few years. As of 2021, transgender individuals are expressly permitted to serve openly as their identified gender. A brief timeline is as follows:

The Presidential Memorandum for the Secretary of Defense and the Secretary of Homeland Security Regarding Military Service by Transgender Individuals is the 43rd presidential memorandum signed by U.S. President Donald Trump on March 23, 2018.

<span class="mw-page-title-main">Department of Defense Instruction 1300.28</span> U.S. memorandum limiting transgender service in the military

Directive-type Memorandum-19-004, "Military Service by Transgender Persons and Persons with Gender Dysphoria", was a memorandum issued by the United States Department of Defense (DoD) prohibiting most transgender individuals from serving or enlisting in the United States Armed Forces and the DoD. The DTM took effect on April 12, 2019, under the presidency of Donald Trump, signed by David Norquist. Originally scheduled to expire on March 12, 2020, it was extended until September 12, 2020. Before it expired, it was replaced by Department of Defense Instruction 1300.28, which took effect on September 4, 2020, signed by Matthew Donovan.

<span class="mw-page-title-main">Presidency of Joe Biden</span> U.S. presidential administration from 2021 to present

Joe Biden's tenure as the 46th president of the United States began with his inauguration on January 20, 2021. Biden, a member of the Democratic Party who previously served as vice president for two terms under President Barack Obama, took office after his victory in the 2020 presidential election over the incumbent president, Donald Trump of the Republican Party. Upon his inauguration, he became the oldest president in American history, breaking the record set by Trump. Biden entered office amid the COVID-19 pandemic, an economic crisis, and increased political polarization.

This is a list of notable events in the history of LGBT rights that took place in the year 2021.

<span class="mw-page-title-main">Executive Order 13988</span> Executive order issued by U.S. President Joe Biden on sex discrimination

Executive Order 13988, officially titled Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, is the fourth executive order signed by U.S. President Joe Biden on January 20, 2021.

<span class="mw-page-title-main">America First Legal</span> Legal advocacy organization in the United States

America First Legal (AFL) is an American conservative public interest organization founded in 2021.

References

  1. Sarat, Austin (January 21, 2021). "Biden Is the First President to Openly Oppose the Death Penalty. Now What?". Slate Magazine. Retrieved January 23, 2021.
  2. "Letter to Vice President Biden regarding Newtown shootings and gun violence". PsycEXTRA Dataset. 2013. doi:10.1037/e524932013-001 . Retrieved January 23, 2021.
  3. 1 2 "Fear fuels gun sales as Biden vows crackdown". ABC News. Retrieved January 23, 2021.
  4. Hutzler, Alexandra (June 25, 2022). "Biden signs bipartisan gun safety package into law". ABC News. Retrieved December 15, 2022.
  5. "Proclamation on Ending Discriminatory Bans on Entry to The United States". The White House. January 21, 2021. Retrieved January 23, 2021.PD-icon.svg This article incorporates text from this source, which is in the public domain .
  6. "Joe Biden on Instagram: "Period."". Instagram. Archived from the original on December 24, 2021.
  7. 1 2 "Presidential Candidate Joe Biden on LGBTQ Issues". Human Rights Campaign. Archived from the original on June 30, 2020. Retrieved January 23, 2021.
  8. Caroline Kelly (June 1, 2019). "Biden: Fastest way to end transgender violence "is to end the Trump administration"". CNN.
  9. "Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation". The White House. January 21, 2021. Retrieved January 24, 2021.PD-icon.svg This article incorporates text from this source, which is in the public domain .
  10. "Executive Order on Enabling All Qualified Americans to Serve Their Country in Uniform". The White House. January 25, 2021. Retrieved July 23, 2021.PD-icon.svg This article incorporates text from this source, which is in the public domain .
  11. "Biden reverses Trump's transgender military ban". NBC News. January 25, 2021. Retrieved July 23, 2021.
  12. Kavi, Aishvarya (March 31, 2022). "State Dept. Will Allow Americans to Mark Their Gender as 'X' on Passports". The New York Times. ISSN   0362-4331 . Retrieved December 12, 2022.
  13. "X Gender Marker Available on U.S. Passports Starting April 11". United States Department of State. Retrieved December 12, 2022.
  14. Shear, Michael D. (December 13, 2022). "Biden Signs Bill to Protect Same-Sex Marriage Rights". The New York Times. ISSN   0362-4331 . Retrieved December 13, 2022.
  15. "FACT SHEET:Biden-Harris Administration Announces New Actions to Protect LGBTQI+ Communities". The White House. June 8, 2023. Retrieved June 19, 2023.
  16. Vazquez, Maegan (June 8, 2023). "Biden calls out 'prejudiced' and 'hysterical' lawmakers seeking to restrict LGBTQ protections | CNN Politics". CNN. Retrieved June 19, 2023.
  17. "Biden marks LGBTQ+ Pride Month with celebration on White House South Lawn". ABC News. Retrieved June 19, 2023.
  18. Tankersley, Jim; Shear, Michael D. (January 23, 2021). "Biden Seeks to Define His Presidency by an Early Emphasis on Equity". The New York Times. Archived from the original on January 23, 2021. Retrieved January 23, 2021.
  19. "Executive Order On Advancing Racial Equity and Support for Under-Served Communities Through the Federal Government". The White House. January 21, 2021. Retrieved January 23, 2021.PD-icon.svg This article incorporates text from this source, which is in the public domain .
  20. Service, Tribune News. "President Joe Biden orders review of domestic violent extremism threat". Tribuneindia News Service. Retrieved January 23, 2021.
  21. 1 2 3 4 5 "Press Briefing by Press Secretary Jen Psaki and National Economic Director Brian Deese". The White House. January 22, 2021. Retrieved January 23, 2021.PD-icon.svg This article incorporates text from this source, which is in the public domain .
  22. Lucas, Ryan (January 22, 2021). "Biden Administration Announces Plans To Assess Domestic Violent Extremism". NPR.org. Retrieved January 23, 2021.
  23. AP (January 23, 2021). "US: Joe Biden orders review of domestic violent extremism threats". Business Standard India. Retrieved January 23, 2021.
  24. "Biden orders review of domestic violent extremism threat". ABC News. Retrieved January 23, 2021.
  25. "Biden orders review of domestic violent extremism threat in U.S. after Capitol riot". Global News. Retrieved January 23, 2021.
  26. "Biden plans to overhaul government's approach to domestic extremism". NBC News. January 22, 2021. Retrieved January 23, 2021.
  27. "Statement from President Biden and Vice President Harris on the 48th Anniversary of Roe v. Wade". The White House. January 22, 2021. Retrieved January 23, 2021.PD-icon.svg This article incorporates text from this source, which is in the public domain .
  28. "Tracking regulatory changes in the Biden era". Brookings. February 14, 2023. Retrieved March 2, 2023.
  29. "Tracking regulatory changes in the Biden era". Brookings. February 14, 2023. Retrieved March 2, 2023.
  30. "Tracking regulatory changes in the Biden era". Brookings. February 14, 2023. Retrieved March 2, 2023.
  31. Kelly, Caroline (January 28, 2021). "Biden signs memorandum reversing Trump abortion access restrictions". CNN. Retrieved January 29, 2021.
  32. Watson, Kathryn (October 5, 2021). "Biden administration reverses rule banning federally funded clinics from making abortion referrals". CBS News. Retrieved October 9, 2021.
  33. "Statement by President Joe Biden on Defeat of Kansas Ballot Measure Threatening Women's Right to Abortion". August 2, 2022.
  34. "Statement by White House Press Secretary Karine Jean-Pierre on the Indiana Abortion Ban". August 6, 2022.