Jul 25, 2020 - Politics & Policy

White House publishes rule limiting transgender rights in shelters

Protesters holding a banner outside the Supreme Court.
The proposal was pushed through despite the Supreme Court ruling that extends civil rights protections to transgender people. Photo: Erik McGregor/LightRocket via Getty Images

The Trump administration Friday published its proposal that would allow temporary, emergency shelters or other facilities to establish their own policies to exclude transgender people and others based on gender identity.

Why it matters: The policy is part of a broader effort by the Trump administration to weaken protections for transgender people. The White House moved the proposal, introduced earlier this month, forward, despite the Supreme Court ruling that extends civil rights protections to transgender people.

"[Housing and Urban Development] has reconsidered its 2016 Rule and determined that providers should be allowed, as permitted by the Fair Housing Act, to consider biological sex in placement and accommodation decisions in single-sex facilities," the proposal says.

  • "HUD believes that the 2016 Rule impermissibly restricted single-sex facilities in a way not supported by congressional enactment, minimized local control, burdened religious organizations, manifested privacy issues, and imposed regulatory burdens."

What's next: The rule is expected to go into effect after a 60-day comment period.

The bottom line: More than half of transgender people who used a homeless shelter reported they were harassed, according to a 2011 survey by the National Center for Transgender Equality and the National Gay and Lesbian Task Force.

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