Examining the Biden Administration’s Silence on Right-Wing Attacks on LGBTQ+ Rights
With promises of protection and allyship, the Biden-Harris administration entered office as a hopeful partner for the LGBTQ+ community. Yet amid mounting right-wing attacks, especially against trans rights, silence from the administration has led many to wonder: where is the strong stance we were promised?
Unfulfilled Promises of Allyship and Safety
The Biden campaign explicitly promised to support LGBTQ+ Americans, a commitment that resonated in response to years of Trump-era policies that rolled back protections and emboldened anti-LGBTQ+ rhetoric. In early office, the administration reversed several Trump-era actions, such as reinstating federal healthcare protections for trans individuals and appointing historic numbers of LGBTQ+ officials in prominent roles1 2.
However, as anti-LGBTQ+ measures gain momentum in Republican-led states, federal action has stalled. In the past two years, over 500 bills targeting LGBTQ+ rights—most specifically, trans healthcare and access to gender-affirming care—were proposed in state legislatures, with 83 bills passed into law as of mid-2024. Trans youth and families are particularly vulnerable, with laws enacted in 22 states banning access to gender-affirming care for minors3 4.
Additionally, “Don’t Say Gay” laws, which restrict discussions of gender and sexuality in schools, were introduced in 29 states, and six states have passed these laws as of 20245.
Without vocal federal condemnation, hate-fueled policies and rhetoric only gain legitimacy. As The Advocate reports, some community leaders see Biden’s silence as a ‘passive green light’ to conservative legislators eager to pass exclusionary laws.”
Despite these legislative surges, the administration has not issued an official condemnation of these measures, nor has it taken any direct federal action to challenge these state-level policies. The community’s concerns are amplified by recent FBI data showing a 13.8% increase in anti-LGBTQ+ hate crimes nationwide since 2022, underscoring a clear need for action beyond the symbolic6.
Silence Amid Escalating Violence: Complicity or Calculation?
This silence has left the LGBTQ+ community feeling betrayed, with many perceiving the lack of vocal opposition as complicity. Political analysts suggest that Biden’s hesitation may reflect a strategic decision aimed at keeping moderate and conservative voters engaged. But the human cost of silence cannot be ignored: by withholding a strong condemnation, Biden and Harris effectively allow these discriminatory laws to take root. When powerful leaders abstain from defending the rights of vulnerable groups, it can be seen as tacit approval, further endangering LGBTQ+ communities.
Anti-LGBTQ+ hate crimes have notably surged in recent years, with FBI data confirming that one in five hate crimes reported in the U.S. now targets an LGBTQ+ person7. Data from the Human Rights Campaign (HRC) also show that more than 60% of anti-LGBTQ+ hate crimes are directed at trans people, with trans women of colour being the most frequent victims8. Despite these alarming trends, the Biden administration has largely remained silent, offering no direct statements on specific laws targeting trans youth or educational restrictions.
Political Risk vs. Moral Responsibility
For Biden, the choice to stay silent may be strategic, but to the LGBTQ+ community, it feels like a broken promise. Critics argue that Biden is risking not just political goodwill but the very lives and rights of the LGBTQ+ individuals who counted on his support. The absence of decisive federal action can be demoralizing, especially as some states move to curtail LGBTQ+ rights further. Harris, celebrated for her background in advocacy for marginalized communities, has similarly avoided public statements, a move that many find at odds with her progressive reputation.
The administration’s reluctance to take a bold stance highlights a broader issue in American politics: conditional allyship. When queer rights are seen as negotiable rather than fundamental, the consequences extend beyond policy and into the day-to-day safety of LGBTQ+ individuals.
What the Community Needs – And Deserves
The call for a clear, decisive federal stance is urgent. Condemnations alone won’t undo state laws, but they could invigorate public support and provide a national counter-narrative to the divisive state policies gaining ground. Polling data suggests that over 70% of Americans support trans individuals’ right to healthcare, and that 80% believe LGBTQ+ students should feel safe and included at school9.
These statistics suggest that a national stand on LGBTQ+ rights might be more unifying than divisive.
Biden and Harris need to amplify their 2020 promise of “having the community’s back” by championing and defending these rights in concrete ways. Whether through executive orders, increased DOJ oversight on hate crimes, or direct funding for LGBTQ+ advocacy organizations, there are ways to step up without needing congressional approval. Otherwise, as silence persists, the community will continue to feel the sting of abandoned promises.
Taking Action
For those who feel frustrated by this silence and want to push for action, there are concrete steps to support LGBTQ+ rights amid rising challenges. Reach out to legislators, urging them to back the Equality Act and publicly condemn discriminatory state laws; tools like 5 Calls provide scripts and contact info to make this easier. Consider supporting critical organizations such as the Human Rights Campaign, the Trevor Project, and Lambda Legal, which are on the front lines of challenging anti-LGBTQ+ laws and offering mental health resources. Raising awareness on social media with hashtags like #ProtectTransKids and #EqualityAct amplifies these issues and builds community solidarity. Local volunteer work and visible support at rallies, protests, and Pride events add essential support to the movement. Each of these steps helps to make allyship real and reinforces the demand for federal action.
- https://www.advocate.com/exclusives/2021/6/10/get-know-bidens-many-lgbtq-appointed-officials ↩︎
- https://www.advocate.com/politics/2022/9/20/gay-former-federal-prosecutor-could-unseat-decades-long-gop-rep ↩︎
- ref. 1. ↩︎
- https://www.advocate.com/news/fbi-increase-lgbtq-hate-crimes ↩︎
- https://www.washingtonblade.com/2024/09/05/musa-rangel-withdrawl-advisory-neighborhood-commission-candidacies/ ↩︎
- ref. 4. ↩︎
- ref. 1. ↩︎
- ref. 4. ↩︎
- ref. 1. ↩︎