HUD Revokes Trump Rule Allowing Transgender Discrimination In Homeless Shelters

The Biden administration has withdrawn the proposed rule, which would have allowed single-sex shelters to turn away transgender people.
Housing and Urban Development Secretary Marcia Fudge withdrew a Trump administration rule that would discriminate against transgender people.
Housing and Urban Development Secretary Marcia Fudge withdrew a Trump administration rule that would discriminate against transgender people.
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The Department of Housing and Urban Development is pulling back a proposal put forward by President Donald Trump’s administration that would have allowed taxpayer-funded homeless shelters to discriminate against transgender individuals.

“Access to safe, stable housing — and shelter — is a basic necessity,” Secretary Marcia Fudge said Thursday. “Unfortunately, transgender and gender-nonconforming people report more instances of housing instability and homelessness than cisgender people. Today, we are taking a critical step in affirming HUD’s commitment that no person be denied access to housing or other critical services because of their gender identity. HUD is open for business for all.”

Last year, Trump’s HUD secretary, Ben Carson, proposed a rule that would allow single-sex homeless shelters that receive taxpayer funding to turn away transgender individuals. The rule was never finalized though, so it never took effect.

The move was meant to undercut a rule put in place in 2012, under President Barack Obama, that said all HUD-funded programs would be open to people regardless of sexual orientation, gender identity or marital status. In 2016, HUD clarified the rule, making clear it applied to sex-segregated shelters and therefore protected transgender people seeking accommodations.

The consequences of the Trump rule would have been significant. In the 2015 U.S. Transgender Survey, nearly 30% of respondents said they had experienced homelessness ― far higher than the rate for the general population. Seventy percent of respondents who had stayed in shelters the previous year reported mistreatment due to their gender identity, and 44% left the shelter because of poor treatment or unsafe conditions. Nearly 1 in 10 who said they had stayed in a shelter the year before said they were thrown out when staff discovered they were transgender.

“We are thrilled to see today’s announcement, which is further confirmation that this administration is committed to ensuring that LGBTQ people are not turned away from federally funded services and programs,” said Shannon Minter, legal director for the National Center for Lesbian Rights. “Access to homeless shelters is often a matter of survival for trans people, who are more likely to be homeless, to lack secure housing, and to be the victims of domestic violence.”

In 2018, HuffPost first reported that Carson also tried to quietly change HUD’s mission statement, removing promises of inclusive and discrimination-free communities. After a public backlash, he tried to insist he was still committed to discrimination-free housing, even if he did change the mission statement.

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