LGBTQ+ Advocates Urge Biden to Fight Back Strongly on Anti-Trans Rhetoric

By: May Man Published: Jun 24, 2024

The attacks persisted. Kentucky Governor Andy Beshear had vetoed a series of bills from GOP lawmakers aimed at barring transgender girls from participating in school sports and banning gender-affirming healthcare for transgender youth.

The Republican-dominated legislature overrode his vetoes. Republican Attorney General Daniel Cameron, Beshear’s opponent in the 2023 gubernatorial election, capitalized on this by incorporating anti-trans rhetoric into his campaign, claiming that Beshear endorsed a “radical gender ideology.”

Mixed Support

This strategy was proving effective. Internal polling from Beshear’s campaign indicated that voters who were generally supportive of the Democratic governor were beginning to waver. Beshear’s campaign realized the necessity of a response but struggled with the approach.

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LGTBQ+ supporters walking under a pride flag

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National surveys revealed that while many Americans favored protections against discrimination for transgender individuals, support for policies allowing transgender people to use bathrooms and participate in sports teams matching their gender identity was mixed, even among Democrats.

“All children are children of God”

Eric Hyers, Beshear’s campaign manager, recalled, “I remember him saying to me that there are some things worth losing political races for. He was just not going to let a trans kid in Kentucky feel like their governor didn’t care about them.”

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Kentucky Governor Andy Beshear speaking behind a podium

Kentucky Gov. Andy Beshear speaks to an audience from the Capitol steps in Frankfort, Ky., as part of Inauguration Day events marking the beginning of his second term in office Dec. 12, 2023. More than 175 Airmen and Soldiers from the Kentucky National Guard supported the occasion, providing security, ceremonial music and other functions. (U.S. Air National Guard photo by Dale Greer)

In a 30-second advertisement, Beshear directly addressed the camera, invoking his Christian faith to show support for transgender youth, stating, “all children are children of God.” Beshear repeated this message throughout his campaign.

Beshear’s Victory

Despite Cameron’s intensified rhetoric and campaign appearances with Riley Gaines, a notable critic of trans athletes in sports, Beshear remained consistent in his message.

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An LGBTQIA+ flag hanging outside a blue building.

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This approach ultimately led to Beshear’s victory over Cameron. Hyers believes this strategy could serve as a model for other Democratic candidates, including President Joe Biden, to counter conservative messaging and support transgender youth in 2024.

Increasing Attacks on Transgenders

Half of the U.S. states have passed laws banning transgender students from joining sports teams that match their gender identity. The Movement Advancement Project, a nonprofit think tank, estimates that only 1% of transgender youth aged 13-17 reside in these states.

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LGBTQ Pride Flag in blue sky

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Presumptive GOP presidential nominee Donald Trump has pledged to implement a similar ban on athletic participation at the federal level if elected.

Athletic Participation Bans

Half of the U.S. states have passed laws banning transgender students from joining sports teams that match their gender identity. The Movement Advancement Project, a nonprofit think tank, estimates that only 1% of transgender youth aged 13-17 reside in these states.

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high angle of athlete at starting line

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Presumptive GOP presidential nominee Donald Trump has pledged to implement a similar ban on athletic participation at the federal level if elected.

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Public Support Evident

These policies appear to have public support. A YouGov Survey from late January found that 54% of U.S. adults support measures preventing transgender athletes from playing on teams matching their gender identity, including 34% of registered Democrats.

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However, LGBTQ+ advocates argue that public backing for these bans and other anti-trans laws stems partly from misleading rhetoric from conservative lawmakers, leading to misunderstandings. Supporters of these laws claim they are necessary to maintain fairness and protect competition in girls’ athletics.

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Scientific Studies

Yet, a 2022 study in the Journal of the Endocrine Society found no evidence suggesting that transgender children who haven’t gone through puberty, or those receiving gender-affirming care at puberty onset, have any advantage.

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Treatments lowering testosterone levels in transgender women are shown to eliminate any potential athletic advantage.

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Rhetorical Disadvantage

Thomas J. Billard, executive director of the Center for Applied Transgender Studies in Chicago, asserts that LGBTQ+ advocates and politicians are at a rhetorical disadvantage because explaining the biology of gender and sex is complex, especially in sports. Instead, he suggests reframing the issue with empathy, focusing on inclusion.

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“When we’re talking about trans participation in school athletics, we’re talking about telling this six-year-old kid that they can’t play a game with their friends,” Billard said. “That is to me, where opposition to these bans is headed.”

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Political Move

Despite this, Billard and other advocates expressed concerns that Democrats, typically supportive of the LGBTQ+ community, including President Joe Biden, might avoid addressing anti-trans rhetoric in campaigns due to fears of counter-messaging challenges.

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Joe Biden speaking at a podium in a suit.

The White House/Wikimedia Commons

Anna Baeth, director of research at Athlete Ally, an LGBTQ+ athletic advocacy group, worries that the Biden administration’s recent omission of protections for transgender student athletes from a Title IX update was a political calculation.

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Title IX

The Department of Education proposed a rule in April 2023 largely preventing bans on nonbinary and transgender students from sports teams under Title IX. This rule was to be finalized with the Title IX update but has been delayed, likely until after the election.

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Baeth described the decision as “a marker of politics coming into play when it comes to policies,” speculating that it was based on concerns about the policy’s popularity among moderate voters in an election year. The Department of Education did not comment on the reason for the delay.

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Waiting for the Right Moment

Other advocates suggested that the administration might be aiming to get the policy right. Emma Grasso Levine from Know Your IX highlighted an update adding “gender identity” to protections from sex-based discrimination, viewing it as a positive step for transgender students.

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President Joe Biden in front of a podium outside speaking into a microphone.

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Charlotte Clymer, formerly of the Human Rights Campaign, speculated that the administration might have wisely chosen to wait for a more favorable environment to propose its athletic policy. Attorney Generals in over half of the U.S. states have sued over the policy, with a federal judge recently halting its enforcement.

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