Joe Biden likes to tell transgender youth that he “has your back.” Now, it seems, his administration is finally turning those words into action.
In the wake of Texas governor Greg Abbott’s disastrous directive to investigate parents and doctors of trans children for child abuse, the Biden administration released multiple forms of federal guidance in support of trans Texans on Wednesday.
The Office for Civil Rights (OCR) and the Children’s Bureau, two agencies of the Department of Health and Human Services, both unveiled comprehensive memos warning that policies like Texas’ are not only “dangerous,” but discriminate against trans people and violate their medical rights under U.S. law.
“These announcements make clear that rather than weaponizing child protective services against loving families, child welfare agencies should instead expand access to gender-affirming care for transgender children,” President Biden said in a White House statement released Wednesday.
HHS Secretary Xavier Becerra concurred in a separate statement, calling state attacks on trans youth “discriminatory and unconscionable,” urging anyone targeted by such an investigation to contact OCR to receive support.
One family has already sued Texas Governor Greg Abbott over an alleged investigation, leading a federal judge to temporarily block Abbott’s gubernatorial order in that instance, but depending on the outcome of that case, the OCR could be a much-needed resource for trans youth and their loved ones in Texas, and wherever similar directives might be issued.
The Human Rights Campaign lauded the Biden administration’s new guidance, calling it “a powerful message to transgender youth and their parents.”
While neither document changes existing laws or policies, the statements present a unified message that the Biden administration intends to use federal resources to protect trans kids and their families from such flagrant violations of their rights.
While the Children’s Bureau’s (lengthy) guidance is more narrowly focused on affirming trans kids’ rights within foster agencies and child welfare programs, the OCR guidance cites protections in the Americans with Disabilities Act, privacy protections under HIPAA, and multiple sections of the Affordable Care Act, including the ACA’s Section 1557, a set of nondiscrimination clauses from which the Trump administration attempted to remove gender identity in 2020.
Taken together, this is a powerful indication that HHS intends to take immediate action on any number of fronts to address discrimination in Texas and elsewhere. It’s a display of political willpower that many trans advocates have been waiting to see from President Biden, after over a year’s worth of reassuring bromides.
The Biden Administration comes to the defense of trans kids in Texas against anti-trans attacks led by Gov. Abbott and AG Paxton.