
The U.S. Department of Housing and Urban Development has proposed a new rule that would allow federally funded shelters and temporary housing providers to discriminate based on gender.
Under the proposal, homeless shelters and other housing providers could bar transgender people from single-sex facilities that do not match their assigned sex at birth.
The rule removes all references to “gender” and “gender identity” from HUD regulations, replacing them with “sex,” as defined by an executive order issued by President Donald Trump last year. The order states that federal agencies will recognize only a person’s assigned sex at birth on government-issued documents and for purposes of accessing government services or housing options.
The rule also allows shelter operators to segregate facilities by biological sex and require proof of a person’s birth sex before admitting them.
Previously, the Obama administration barred federal agencies from engaging in anti-LGBTQ housing discrimination and required shelters to place people in housing assignments consistent with their gender identity under the Equal Access Rule. During his first term, Trump sought to roll back those protections by allowing shelters to discriminate against transgender people.
The proposed change appears to be religiously motivated, as HUD Secretary Scott Turner cited his religious beliefs opposing gender identity while announcing the rule.
“God created two sexes: male and female,” Turner said. “The Left’s war on biological reality through radical gender ideology will no longer take precedence.”
Last year, Turner directed HUD to stop enforcing protections against discrimination based on gender identity, according to the National Low Income Housing Coalition.
The proposed rule must undergo a 60-day public comment period before HUD can finalize it. Most housing advocates believe the administration will move forward with the rule regardless of public opposition.
Hannah Adams, a senior staff attorney at the National Housing Law Project, told The 19th that the proposed rule would be “incredibly damaging” to transgender people experiencing homelessness.
“It’s a really, really cruel and violent rule that will cause unknown numbers of transgender individuals to be denied shelter when they need it, and in many cases probably choose not even to try to access shelter because of fears of discrimination, harassment, or violence,” Adams said.
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