APA’s Government, Policy, and Advocacy Update

As one of his first acts in office, President Joe Biden signed an executive order that reversed the ban on transgender individuals enlisting in the military. When Trump issued a memo related to the ban in 2018, APA released a statement in which APA CEO and Medical Director Saul Levin, M.D., M.P.A., called the ban “a discriminatory action.” He continued: “This ban not only harms those who have chosen to serve our country, but it also casts a pall over all transgender Americans. This discrimination has a negative impact on the mental health of those targeted.”

In his executive order, Biden revoked Trump’s 2018 memo, immediately prohibited involuntary discharges of transgender troops, and ordered the Pentagon to review the records of any service members who were previously forced out of the military on the basis of gender identity. The order also requires that a process be established by which transgender service members can transition while serving.

“It is my conviction as commander in chief of the Armed Forces that gender identity should not be a bar to military service,” Biden’s order stated. “Therefore, it shall be the policy of the United States to ensure that all transgender individuals who wish to serve in the United States military and can meet the appropriate standards shall be able to do so openly and free from discrimination.”

Biden also issued an executive order plainly stating that LGBTQ individuals are protected from discrimination in health care settings, schools, and workplaces.

Last year, the Supreme Court ruled that Title VII of the Civil Rights Act of 1964 applies to LGBTQ individuals because it prohibits employee discrimination based on sex. (See Psychiatric News). Shortly before the ruling, the Trump administration had issued a rule that eliminated health care discrimination protections for LGBTQ patients, claiming that the term “sex” refers only to whether someone is male or female, as determined by biology. (See Psychiatric News). The rule was blocked by a federal judge.

Biden’s order requires all federal agencies to review existing regulations and revise them to make it clear that the definition of “sex” includes gender identity and sexual orientation.

“People should be able to access health care and secure a roof over their heads without being subjected to sex discrimination,” Biden’s order stated. “All persons should receive equal treatment under the law, no matter their gender identity or sexual orientation. ■