The Trump administration’s ongoing effort to redefine civil rights protections through a binary lens has reached the Department of Housing and Urban Development (HUD), with a significant rollback of rules designed to protect transgender people from housing discrimination.
Recently, HUD, under newly confirmed Secretary Scott Turner, has moved to suspend enforcement of the Equal Access Rule. This Obama-era policy ensured that transgender individuals could access federally funded shelters and housing programs based on their self-identified gender. First implemented in 2012 and expanded in 2016, the rule protected transgender people from invasive questioning or denial of services when seeking safe housing, especially during times of crisis.
Now that protection is on hold. Advocates argue that turning away transgender women from women-only shelters or forcing them to “prove” their biological sex is a dehumanizing and dangerous act.
“This administration wants to pretend trans people don’t exist,” said Hannah Adams, a senior staff attorney at the National Housing Law Project. “Whatever they’re doing is not in line with HUD’s supposed mission to provide a safety net for families that are struggling in this country.”
Multiple current and former HUD employees, speaking anonymously, claim that they received instructions to close investigations into gender identity discrimination. The Office of Fair Housing and Equal Opportunity has quietly stopped pursuing such cases and has issued closure notices citing lack of jurisdiction. While HUD has not confirmed how many cases have been dismissed, advocacy organizations report that at least 195 complaints involving gender identity were filed in 2023 alone.
Turner, who cited “women’s privacy” and “restoring biological truth” as reasons for the rollback, presents the shift as a move to protect cisgender women in domestic violence shelters. Critics argue that this approach endangers trans women by forcing them into men’s shelters or denying them shelter entirely.
“These changes don’t protect women,” said Kayla Gore, executive director of My Sistah’s House in Memphis. The shelter serves trans people and does not receive federal funds. “They just tell trans women they don’t deserve safety.”
The suspension of the Equal Access Rule is part of a broader shift in federal policy. Since President Trump’s return to office, his administration has issued sweeping executive orders that restrict recognition of gender identity across federal agencies. These orders affect everything from sports participation and healthcare access to the issuance of identification documents.
New HUD contracts now contain conflicting language. One clause prohibits the promotion of “gender ideology,” while another requires compliance with nondiscrimination law. This has left nonprofit shelter providers confused and fearful of losing federal support. Some shelters have begun removing references to LGBTQ+ services from their websites to avoid scrutiny.
At the same time, Republican lawmakers are advancing legislation that echoes the administration’s agenda. Representative Nancy Mace of South Carolina has introduced bills aimed at excluding transgender women from restrooms, shelters, and prisons designated for women. During a recent hearing, Mace used a slur against transgender women and dismissed objections from colleagues.
For transgender people, especially trans women of color who already face disproportionate rates of homelessness, this rollback threatens basic survival. Housing advocates stress that access to gender-affirming shelter is not a political issue; it is a matter of life and death.
“There is no public policy justification for permitting discrimination in the housing market against people because they are transgender,” said Sasha Samberg-Champion, former HUD counsel and current civil rights attorney. “None.”
As HUD moves forward with new leadership and policies that restrict transgender inclusion, advocacy organizations and grassroots networks are mobilizing in response. Legal experts are exploring avenues to challenge these changes under constitutional and civil rights law. Trans-led nonprofits are working to expand shelter options that do not rely on federal funding.
The rollback of the Equal Access Rule is a serious blow to those who rely on HUD’s programs for safety and stability. But the transgender community is not facing this challenge alone. Allies, advocates, and support networks across the country are rising to meet the moment and ensure that transgender people are not forgotten or abandoned.
