During his 2020 presidential campaign, Joe Biden has called transgender rights the “civil rights issue of our time” and said that “there is no room for compromise when it comes to basic human rights.” But records reviewed by the Washington Examiner show Biden himself compromised on transgender rights as recently as 2004.
As a senator, Biden’s office repeatedly signed a pledge from the left-wing gay rights organization Human Rights Campaign, promising not to discriminate against gay people in its office’s employment decisions up until 2002. But for the 108th Congress (2003-2004), the Human Rights Campaign added transgender employment rights to its pledge — and suddenly, Biden’s office stopped signing it.
The Human Rights Campaign scorecard for the 107th Congress (2001-2002) shows Biden agreed to the office anti-discrimination pledge that only mentioned gay rights. As the document described it, “All senators were asked to voluntarily adopt a written policy for their congressional offices indicating that sexual orientation is not a factor in their employment decisions.”
But the scorecard for the 108th Congress shows he did not sign the pledge this time around — and the only significant difference was the addition of “gender identity and expression.” As the scorecard described it, “This Congress, the Human Rights Campaign and the Gender Public Advocacy Coalition worked together and asked every senator to adopt, voluntarily, a written policy for their own offices indicating that sexual orientation and gender identity and expression are not factors in their employment decisions.”
Biden was not the only senator to decline the pledge after the changes. Sixty-eight senators supported the pledge in the 107th Congress, yet just 26 did in the 108th Congress. Biden continued to serve in the Senate until he became vice president in January 2009, and the Human Rights Campaign stopped including the nondiscrimination pledge in its congressional scorecards.
The Biden campaign has not yet responded to a request for comment on these records. But the refusal to sign a pledge protecting transgender rights in employment stands in stark contrast to Biden’s recent rhetoric and framing on LGBT issues.
Let’s be clear: Transgender equality is the civil rights issue of our time. There is no room for compromise when it comes to basic human rights.
— Joe Biden (Text Join to 30330) (@JoeBiden) January 25, 2020
When the Supreme Court recently ruled that gay and transgender people are protected under the Civil Rights Act’s anti-discrimination employment protections, Biden heralded the victory.
“Today, by affirming that sexual orientation and gender identity discrimination are prohibited under Title VII of the Civil Rights Act, the Supreme Court has confirmed the simple but profoundly American idea that every human being should be treated with respect and dignity,” Biden said in a statement. “That everyone should be able to live openly, proudly, as their true selves without fear.”
“This decision is another step in our march towards equality for all,” Biden said. “As President, I look forward to signing into law the Equality Act, protecting the civil rights of LGBTQ+ Americans, and championing equal rights for all Americans.”
Of course, being late is better than never. But it sure seems like Biden has some explaining to do. If supporting gay and transgender employment discrimination protections is essential for treating every human “with respect and dignity,” and there is “no room for compromise on human rights,” as he now says, why did his Senate office specifically decline to support transgender rights in its own employment practices?
This is hardly the first time Biden’s past has undercut his current stances on LGBT rights.
For instance, Biden condemned in harsh terms the Trump administration’s restrictions on transgender military service. (He’s not wrong: The ban is baseless and wrong-headed.) But Biden and Barack Obama kept a similar ban in place for the first seven years of their administration’s tenure.
While Biden now proudly touts himself as a champion of gay rights and an ally to the gay community, he certainly hasn’t always been so “woke” on the issue. For example, in the 1970s, he referred to gay people working in the federal government as a “security risk.” As a senator, Biden even voted to strip public funding from any school that “teaches acceptance of homosexuality as a lifestyle.”
It’s normal for politicians to change their positions over the years. But before casting stones at others, Biden should remember his own Senate office’s explicit history of opposing transgender rights.
Brad Polumbo (@Brad_Polumbo) is a freelance journalist and Washington Examiner contributor.
