Polls indicate that LGBTQ rights are likely to influence many Americans’ decisions in the upcoming presidential election this November, where voters will choose between former Republican President Donald Trump and Democrat Vice President Kamala Harris.
A survey conducted by the independent polling organization PRRI in March 2024 revealed that 68% of voters will consider LGBTQ rights when casting their ballots. Notably, 30% expressed that they would only support a candidate who aligns with their views on this issue.
Consequently, it is not surprising that LGBTQ rights are prominent in the platforms of both political parties.
The Republican Party’s campaign promises include reducing federal funding for gender-affirming care and limiting transgender students’ participation in sports. In contrast, the Democratic Party’s platform advocates for prohibiting discrimination against LGBTQ individuals, including the passage of the Equality Act, which would outlaw discrimination based on sexual orientation and gender identity in areas such as housing, healthcare, and public accommodations.
As a legal scholar with extensive experience in LGBTQ rights history, 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 pledges.
Let’s take a closer look at their records.
Trump’s Record on LGBTQ Rights
Trump and his running mate, U.S. Senator 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 liberty, which emphasized that federal law must respect conscience-based objections under the First Amendment. This order had an indirect negative impact on LGBTQ rights, as many legal battles focus on whether conservative Christian businesses violate anti-discrimination laws by refusing service to same-sex couples.
A few months later, Trump issued a ban on transgender individuals serving in the U.S. military. Although he later revoked this directive, he instituted a new policy allowing existing transgender soldiers to remain while preventing new recruits from enlisting.
Harris’s Commitment to LGBTQ Rights
Harris and her running mate, Minnesota Governor Tim Walz, have consistently prioritized LGBTQ rights throughout their lengthy political careers.
Harris began her public service in 2003 as the district attorney for San Francisco, where she set up a hate crimes unit to prosecute violence against LGBTQ youth in schools. She also trained prosecutors nationwide to combat the “gay panic” and “trans panic” defenses used in court, which justify violence as a 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 same-sex marriage ban during a challenge to its constitutionality at the U.S. Supreme Court. She also signed amicus briefs advocating for transgender individuals’ access to bathrooms that correspond to their gender identity after North Carolina enacted restrictive bathroom laws.
However, Harris’s support for LGBTQ rights has not been absolute. In 2015, she opposed requests from two prisoners for urgent gender-confirmation surgery but has since called for a better understanding of transgender health needs.
Senate bills by Harris
During her tenure as a U.S. senator from 2017 to 2021, Harris sponsored legislation aimed at addressing specific LGBTQ issues within healthcare and the criminal justice system. She introduced five Senate bills to prohibit discrimination based on sexual orientation and gender identity in employment, housing, and public accommodations. Other proposed bills focused on protecting LGBTQ youth by banning discrimination in child welfare programs and preventing federal funding for conversion therapy targeting LGBTQ teens.
Unfortunately, none of these bills received a vote in the Senate.
As vice president, Harris is part of what advocates describe as the most pro-LGBTQ administration in U.S. history.
Since taking office in 2021, President Joe Biden has signed several executive orders aimed at fighting discrimination against the LGBTQ community, including lifting the Trump-era ban on transgender individuals in the military. Biden also enacted the Respect for Marriage Act, which revised the federal definition of marriage from “a man and a woman” to “two individuals.” This law ensures that the federal government will continue to recognize same-sex unions even if the Supreme Court were to overturn its previous ruling on marriage equality.
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