Have they expanded or restricted rights for lesbian, gay, bisexual and trans people? A scholar of the LGBTQ community examines the candidates’ records.
Marie-Amelie George, Associate Professor of Law, Wake Forest University
14 October 2024
Polls show that LGBTQ rights will likely factor into most Americans’ pick for president this November as they choose between former Republican President Donald Trump and Vice President Kamala Harris, a Democrat.
A March 2024 survey by independent pollster PRRI found that 68% of voters will take LGBTQ rights into consideration at the polls. Fully 30% stated that they would vote only for a candidate who shares their views on the issue.
It is no coincidence, then, that LGBTQ rights issues feature prominently in the party platforms.
The Republican Party’s electoral promises include cutting existing federal funding for gender-affirming care and restricting transgender students’ participation in sports. Meanwhile, the Democratic Party platform proposes to outlaw discrimination against LGBTQ people, including passing the Equality Act, which would prohibit discrimination based on sexual orientation and gender identity in housing, health care and public accommodations.
As a legal scholar who has written extensively on the history of LGBTQ rights, I have seen that the clearest indication of how a politician will act once in office is not what they promise on the campaign trail. Instead, it’s what they have done in the past.
Let’s examine their records.
Trump restricted some LGBTQ rights
Trump and his running mate, U.S. Sen. JD Vance of Ohio, are both relatively new to politics, so their records on LGBTQ rights issues are slim.
Trump enacted two policies restricting LGBTQ rights early in his one term in office. The first was his 2017 executive order Promoting Free Speech and Religious Liberty, which reinforced that federal law must respect conscience-based objections to comply with the First Amendment. This order indirectly imperiled LGBTQ rights because many LGBTQ rights battles are fought over whether conservative Christian businesses run afoul of anti-discrimination laws when they refuse to serve same-sex couples.
A few months later, Trump banned transgender individuals from serving in the U.S. armed forces. He ultimately revoked the directive, implementing instead a new policy that allowed existing transgender soldiers to remain in the military but barred new transgender recruits from enlisting.
Vance has opposed trans rights
Vance, a one-term senator, has accrued a record of trying to roll back the rights of transgender Americans during his short time in public office.
Between 2023 and 2024, Vance introduced or sponsored five bills opposing trans rights. One seeks to restrict gender-affirming care for minors by imposing criminal sanctions on doctors who perform such surgeries; another aims to do the same by exposing physicians to civil liability for either prescribing gender affirming hormones or performing surgeries.
Harris and her vice presidential pick, Minnesota Gov. Tim Walz, have both made LGBTQ rights a legislative priority throughout their long political careers.
Harris initially took public office in 2003 as San Francisco’s district attorney. In that role, she established a hate crimes unit that prosecuted violence against LGBTQ youth in schools. She also trained prosecutors nationwide to counter the “gay panic” and “trans panic” defenses in court, which is when lawyers attempt to justify violence as a fear-based reaction to the victim’s sexual orientation or gender identity.
Since 2021, President Joe Biden has issued multiple executive orders to combat discrimination against the LGBTQ community, including by eliminating the Trump-era restrictions on transgender military service. Biden also signed into law the Respect for Marriage Act, which changed the federal definition of marriage from “a man and a woman” to “two individuals.” The statute ensures that the federal government would continue to recognize same-sex unions if the Supreme Court ever reversed its decision to legalize marriage equality.
Walz: Ally in the statehouse
Harris’ vice-presidential pick has a similarly extensive record backing LGBTQ rights.
As a U.S. representative from 2007 to 2019, Walz supported efforts to grant federal benefits to same-sex couples before marriage equality became federal law. He also co-sponsored many of the House versions of the same bills as Harris.
As citizens head to the polls in November, they can be confident that, on this topic at least, the candidates mean what they say.
Marie-Amelie George does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.
This article is republished from The Conversation under a Creative Commons license.