Biden Admin Addresses Anti-Trans Laws With State Attorneys, Announces Moves For Trans Rights

After several states, such as Florida, Texas, Arizona, and Utah have passed anti-transgender laws, the U.S. Department of Justice issued a letter on International Transgender Day of Visibility to all state attorneys to remind them that discrimination against trans youth could violate the federal law.  

The letter says that the department is “committed to ensuring that transgender youth, like all youth, are treated fairly and with dignity in accordance with federal law. This includes ensuring that such youth are not subjected to unlawful discrimination based on their gender identity, including when seeking gender-affirming care.” 

The department says it has a strong interest in protecting the constitutional rights of LGBTQ people. It also notes that state laws and policies that prevent individuals from receiving gender-affirming assistance for minors may infringe on rights protected under the Equal Protection Clause and the Due Process Clauses of the Fourteenth Amendment.

The letter also discusses federal statutes that enforce nondiscrimination requirements as a condition to receive funds including: Section 1557 of the Affordable Care Act, Title IX of the Education Amendments of 19721, Omnibus Crime Control and Safe Streets Act of 1968, and Section 504 of the Rehabilitation Act of 1973. 

The same day, the Biden administration announced changes on the travel process and the access to health resources to support the mental health of trans people. 

Starting April 11, U.S. citizens will be able to mark an “x” on their passport as their gender identity. The Department of Homeland Security will update the TSA screening technology, expand airline partnership, and streamline identity validation. 

The administration says it is focused on providing mental health resources for transgender youth. The Department of Health and Human Services released a new website offering guidance for LGBTQ youths and their parents; the website also offers information about suicide prevention.

The Office of Safe and Supportive Schools in the Department of Education will also offer training for schools and school leaders about the challenges face by transgender students and will provide strategies for further support. 

“Transgender people are some of the bravest people in our nation. But nobody should have to be brave just to be themselves,” the White House release says.