100 Days Out: Trump v. Biden on LGBTQ Equality in Health Care

by HRC Staff

Post submitted by Lucas Acosta (he/him), former Deputy Director of Communications, Politics

HRC is highlighting the key attacks from the Trump-Pence administration and the commitments from the Biden administration to undo those attacks and build a better future for LGBTQ people.

Over the coming days, HRC will be highlighting the key attacks from the Trump-Pence administration and the commitments from the Biden administration to undo those attacks and build a better future for LGBTQ people. These are Trump’s attacks on and Biden’s record and plans for LGBTQ equality in health care:


  1. Undermine Section 1557 of the ACA: HHS published a major change to the administrative rule implementing Section 1557 of the Affordable Care Act (ACA) to remove explicit protections for LGBTQ people in healthcare programs and activities, undermining protections for  LGBTQ people from discrimination based on sex stereotyping and gender identity.
  2. Advocated for the elimination of the entire Affordable Care Act: The Justice Department issued a legal filing arguing that the entirety of the Affordable Care Act should be overturned. This move would have jeopardized health care for over 130 million people with preexisting conditions like HIV and eliminate non-discrimination protections for LGBTQ people.
  3. Created a Religious Discrimination Division: HHS created a new office whose sole purpose would be to defend physicians and other medical professionals who decide to refuse care, including to LGBTQ patients.
  4. Proposed cutting over $1.35 billion from PEPFAR budget: In his proposed FY 2019 budget, Trump cut $1.35 billion from or 29% of PEPFAR’s budget. PEPFAR is the U.S. government program that fights AIDS abroad.
  5. Issued a “conscience rule”: Trump's HHS Department issued rules designed to allow health care providers to refuse to treat a patient on religious or moral grounds, significantly impacting LGBTQ people who still deal with widespread discrimination in health care.
  6. Fired the HIV/AIDS Advisory Council: Trump fired the Presidential Advisory Council on HIV/AIDS after half a dozen members resigned in protest to the Trump administration’s efforts to undermine LGBTQ people’s access to health care.


  1. Promised to overturn Trump’s decimation of the ACA Section 1557 regulation: Biden has committed to restoring the regulation implementing section 1557 of the ACA to ensure protections for LGBTQ people from discrimination by health care and insurance providers. The Trump-Pence administration has radically revised the rule, encouraging health care providers to refuse service and discriminate against LGBTQ patients.
  2. Promised to ensure HIV medication and testing is covered by health insurance: Biden has dedicated his administration to fighting price gouging for HIV prevention medication like PrEP and treatments like PEP. He has also committed to federal health plans to provide coverage for these life-saving medications.
  3. Committed to update and implement a comprehensive national HIV/AIDS strategy: Biden has committed to ending the HIV/AIDS epidemic by 2025 and will update the nation’s comprehensive strategy to aggressively reduce new HIV cases and increasing access to treatment.
  4. Fight for truly science-based FDA blood donor regulations: Biden has committed to working with the FDA to implement blood donor rules that are based in science and risk factors rather than identity.
  5. Restore funding to Planned Parenthood: Planned Parenthood provides critical health care to millions of LGBTQ people across the country. Biden has committed to protecting Planned Parenthood and restoring funding to the critical health care they provide.