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Biden's final actions as president leave some transgender people feeling unsupported

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Biden's final actions as president leave some transgender people feeling unsupported
News

News

Biden's final actions as president leave some transgender people feeling unsupported

2025-01-03 20:17 Last Updated At:20:21

President Joe Biden began his term in the White House with a broad promise to protect transgender Americans against Republican policies that painted them as a threat to children and sought to push them out of public life.

“Your president has your back,” Biden assured trans people in his first State of the Union address in 2021, and he repeated a version of that statement in subsequent speeches.

But with President-elect Donald Trump days away from taking office after piling on transgender people throughout his campaign, some worry Biden did not do enough to shield them from what's likely to come.

The president-elect has declared that “it will be the official policy of the United States government that there are only two genders — male and female," and pledged to sign a series of executive orders targeting trans people early in his presidency.

Biden and Democrats, meanwhile, are grappling with how to handle transgender politics after the GOP used Democrats' support for the trans community to win back the White House and control of Congress. Vice President Kamala Harris rarely mentioned transgender people during her campaign, but Trump's campaign cited previous Harris statements to argue relentlessly to swing voters that she was focused on trans issues rather than the economy.

Democrats will not soon forget the punchline of a Trump ad that became ubiquitous by Election Day: “Kamala is for they/them; President Trump is for you.”

In his last full month in office, Biden scrapped pending plans to provide protections for transgender student-athletes and signed a bill that includes language stripping coverage of transgender medical treatments for the children of service members.

His actions follow a common strategy in which the outgoing administration rushes through policies or abandons unfinished regulations to prevent the incoming president from retooling them to more quickly advance his own agenda. But some trans people question why Biden let plans that might have better protected them from Trump's policies sit on the back-burner.

“In some ways, the Biden administration has lived up to promises to support trans people, but not nearly to the degree that they could have, nor to what is equal to the current anti-trans onslaught," Imara Jones, a transgender woman who created “The Anti-Trans Hate Machine” podcast, told The Associated Press.

Biden named trans people to influential positions across his administration, she noted. He overturned a Trump-era ban on trans people serving in the military and made it possible for U.S. citizens who do not identify as male or female to select an “X” as the gender marker on their passports.

“Under President Biden’s leadership, we have remedied historical injustices and advanced equality for the community, but there is more work to do, and we hope that work continues after he leaves office," said White House spokesperson Kelly Scully.

The Justice Department under Biden also challenged state laws in Tennessee and Alabama that banned gender-affirming medical care for trans youth, and it filed statements of interest in other cases.

“But major gaps were both opened and remain," Jones said. "The administration failed to follow through on Title IX, failed to defend trans health care and failed to adequately address anti-trans violence. The list goes on. Even now, the administration could be putting in place measures to help safeguard the trans community, at least temporarily.”

Some LGBTQ+ advocates have accused Biden of abandoning the transgender community after he signed into law the annual defense bill despite his objections to a provision preventing the military’s health program from covering certain medical treatments for transgender children in military families.

The nation’s largest organization of LGBTQ+ service members and veterans said Biden’s decision to sign the bill is "in direct opposition to claims that his administration is the most pro-LGBTQ+ in American history.”

Kelley Robinson, president of the Human Rights Campaign, said it's the first federal law targeting LGBTQ+ people since the 1990s, when Congress adopted the Defense of Marriage Act, which defined marriage as a union between a man and a woman. President Bill Clinton, a Democrat, signed it into law, a decision he later said he regretted.

The restriction comes as at least 26 states have adopted laws banning or limiting gender-affirming medical care for transgender minors, though most face lawsuits. Federal judges have struck down the bans in Arkansas and Florida as unconstitutional, but a federal appeals court has stayed the Florida ruling. A judge’s order is in place temporarily blocking enforcement of a ban in Montana.

Twenty-five states have laws on the books barring trans women and girls from competing in certain women’s sports competitions. Judges have temporarily blocked the enforcement of bans in Arizona, Idaho and Utah.

When Biden in 2023 introduced his now-abandoned proposal to forbid outright bans on transgender student-athletes, trans rights advocates were dissatisfied, saying it left room for individual schools to prevent some athletes from playing on teams consistent with their gender identity.

The sports proposal, meant as a follow-up to a broader rule that extended civil rights protections to LGBTQ+ students under Title IX, was then delayed several times.

The delays from Biden were widely viewed as a political maneuver during an election year as Republicans generated outcry about trans athletes in girls' sports. Had the rule been finalized, it would likely have faced conservative legal challenges like those that prevented the broader Title IX policy from taking effect in dozens of states.

FILE - President Joe Biden signs an Executive Order reversing the Trump era ban on transgender individuals serving in military, in the Oval Office of the White House, Monday, Jan. 25, 2021, in Washington. (AP Photo/Evan Vucci, File)

FILE - President Joe Biden signs an Executive Order reversing the Trump era ban on transgender individuals serving in military, in the Oval Office of the White House, Monday, Jan. 25, 2021, in Washington. (AP Photo/Evan Vucci, File)

President Joe Biden speaks about the latest developments in New Orleans and Las Vegas during an event in the State Dining Room at the White House, Thursday, Jan. 2, 2025, in Washington. (AP Photo/Mark Schiefelbein)

President Joe Biden speaks about the latest developments in New Orleans and Las Vegas during an event in the State Dining Room at the White House, Thursday, Jan. 2, 2025, in Washington. (AP Photo/Mark Schiefelbein)

BILLINGS, Mont. (AP) — President Donald Trump's nominee to oversee an agency that manages a quarter-billion acres of public land has withdrawn her nomination following revelations that she criticized the Republican president in 2021 for inciting the Jan. 6 attack on the U.S. Capitol.

The withdrawal of Kathleen Sgamma to lead the Interior Department's Bureau of Land Management was announced Thursday morning at the start of her confirmation hearing before the Senate Energy and Natural Resources Committee.

David Bernhardt, who served as interior secretary in Trump’s first term, said on X that Sgamma’s withdrawal was “self-inflicted” and he included a link to a website that posted her 2021 comments. He suggested that people whose views don’t align with Trump’s should not seek political appointments in his administration.

“I am disgusted by the violence witnessed yesterday and President Trump’s role in spreading misinformation that incited it,” Sgamma said in the comments earlier reported by Documented, which describes itself as a watchdog journalism project.

Sgamma confirmed her withdrawal on LinkedIn and said it was an honor to have been nominated.

“I remain committed to President Trump and his unleashing American energy agenda and ensuring multiple-use access for all,” said Sgamma. Since 2006 she's been with the Denver-based Western Energy Alliance, an oil industry trade group, and has been a vocal critic of the energy policies of Democratic administrations.

The longtime oil and gas industry representative appeared well-poised to carry out Trump's plans to roll back restrictions on energy development, including in Western states where the land bureau has vast holdings. The agency also oversees mining, grazing and recreation.

Sgamma's withdrawal underscored the Trump administration's creation of a “loyalty test” to weed out subordinates who are out of step with him, said Aaron Weiss, deputy director of the left-leaning Center for Western Priorities.

“That’s the world we're in — if that’s what happened — where being sane and acknowledging reality with the White House is enough to sink a nomination,” he said.

Trump has been testing how far Republicans are willing to go in supporting his supercharged “Make America Great Again” agenda. Few Republicans have criticized Trump after his sweeping pardons of supporters, including violent rioters, charged in the Jan. 6, 2021, attack on the Capitol.

Most congressional Republicans have played down the potential negative impact of Trump’s actions, including widespread tariffs on U.S. allies, and have stressed the importance of uniting behind him.

The Bureau of Land Management plays a central role in a long-running debate over the best use of government-owned lands, and its policies have swung sharply as control of the White House has shifted between Republicans and Democrats. Under President Joe Biden, a Democrat, it curbed oil drilling and coal mining on federal lands while expanding renewable power. The agency under Biden also moved to put conservation on more equal footing with oil drilling and other extractive industries in a bid to address climate change.

Trump is reversing the land bureau's course yet again.

On Thursday, officials announced that they will not comprehensively analyze environmental impacts from oil and gas leases on a combined 5,500 square miles (14,100 square kilometers) of bureau land in Colorado, Montana, New Mexico, North Dakota, South Dakota, Utah and Wyoming. The leases were sold to companies between 2015 and 2020 but have been tied up by legal challenges.

Also this week, Trump signed an executive order aimed at boosting coal production. That will end the Biden administration's ban on new federal coal sales on bureau lands in Wyoming and Montana, the nation's largest coal fields.

The land bureau had about 10,000 employees at the start of Trump’s second term, but at least 800 employees have been laid off or resigned amid efforts by the Trump administration to downsize the federal workforce.

It went four years without a confirmed director during Trump's first term. Trump also moved the agency’s headquarters to Colorado before it was returned to Washington, D.C., under Biden.

Sgamma's withdrawal was announced by Senate energy committee Chairman Mike Lee of Utah. The Republican said he would work with the administration to find a new nominee for the bureau.

"Its work directly impacts millions of Americans — especially in the West — and its leadership matters," Lee said.

Utah officials last year launched a legal effort to wrest control of Bureau of Land Management property from the federal government and put it under state control. They were turned down by the U.S. Supreme Court.

Daly reported from Washington, D.C.

FILE - Kathleen Sgamma, President, Western Energy Alliance, speaks during a House Committee on Natural Resources hearing on America's Energy and Mineral potential, Feb. 8, 2023, on Capitol Hill in Washington. (AP Photo/Mariam Zuhaib, File)

FILE - Kathleen Sgamma, President, Western Energy Alliance, speaks during a House Committee on Natural Resources hearing on America's Energy and Mineral potential, Feb. 8, 2023, on Capitol Hill in Washington. (AP Photo/Mariam Zuhaib, File)

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