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How the two presidential candidates view LGBTQ rights

Online Niel October 31, 2024

Polls indicate that LGBTQ rights are likely to influence the decisions of many Americans in the upcoming presidential election in November, where voters will choose between former Republican President Donald Trump and Democratic Vice President Kamala Harris.

A survey by independent polling organization PRRI in March 2024 found that 68% of voters will consider LGBTQ rights when casting their ballot. Notably, 30% said they would only support a candidate who aligned with their views on the issue.

Consequently, it is not surprising that LGBTQ rights feature prominently in the platforms of both political parties.

Republican Party campaign promises include cutting federal funding for gender-affirming care and limiting transgender student participation in sports. Instead, the Democratic Party platform calls for a ban on discrimination against LGBTQ people, including the passage of the Equality Act, which would ban discrimination based on sexual orientation and gender identity in areas such as housing, health care and public spaces.

As a legal practitioner with extensive experience in the history of LGBTQ rights, I have observed that the best indicator of a politician’s actions in office is often found in their past conduct rather than their campaign commitments.

Let’s take a closer look at their records.

Trump’s record on LGBTQ rights

Trump and his running mate, U.S. Sen. JD Vance of Ohio, are relatively new to politics, leading to limited records on LGBTQ issues.

During his single term, Trump implemented two policies that restricted LGBTQ rights. His first action was the 2017 executive order promoting free speech and religious freedom, which emphasized that federal law must respect conscientious objection under the First Amendment. This order has had an indirect negative impact on LGBTQ rights, as many legal battles center on whether conservative Christian businesses are violating anti-discrimination laws by denying services to same-sex couples.

A few months later, Trump issued a ban on transgender people serving in the US military. Although he later rescinded this directive, he instituted a new policy allowing existing transgender soldiers to remain, preventing new recruits from enlisting.

Harris’ commitment to LGBTQ rights

Harris and her running mate, Minnesota Gov. Tim Walz, have consistently prioritized LGBTQ rights throughout their long political careers.

Harris began her public service in 2003 as the District Attorney for San Francisco, where she established a hate crimes unit to prosecute violence against LGBTQ youth in schools. She also trained prosecutors across the country to combat the “gay panic” and “trans panic” defenses used in court, which justify violence in reaction to a victim’s sexual orientation or gender identity.

After being elected California’s attorney general in 2011, Harris chose not to defend the state’s ban on same-sex marriage during a challenge to its constitutionality at the US Supreme Court. She also signed amicus briefs advocating for transgender people to have access to bathrooms that match their gender identity after North Carolina passed restrictive bathroom laws.

However, Harris’ support for LGBTQ rights was not absolute. In 2015, she opposed two inmates’ requests for emergency gender-confirmation surgery, but has since called for greater understanding of transgender health needs.

Senate Bills by Harris

During his term as a U.S. Senator from 2017 to 2021, Harris sponsored legislation aimed at addressing LGBTQ-specific issues in healthcare and the criminal justice system. She introduced five bills in the Senate to ban discrimination based on sexual orientation and gender identity in jobs, housing and public spaces. Other proposed bills focused on protecting LGBTQ youth by prohibiting discrimination in child welfare programs and preventing federal funding for conversion therapy aimed at LGBTQ teens.

Unfortunately, none of these bills received a vote in the Senate.

As vice president, Harris is part of what supporters describe as the most pro-LGBTQ administration in US history.

Since taking office in 2021, President Joe Biden has signed several executive orders aimed at combating discrimination against the LGBTQ community, including lifting the Trump-era ban on transgender people in the military. Biden also passed the Respect for Marriage Act, which revised the federal definition of marriage from “one man and one woman” to “two people.” This law ensures that the federal government will continue to recognize same-sex unions even if the Supreme Court overturns its previous ruling on marriage equality.