As the Trump administration rolled back President Obama's guidelines to public schools regarding transgender students' access to the bathroom of their choice, a new rule from the Department of Housing and Urban Development (HUD) has taken effect to ensure that transgender individuals have full access to the agency's single-sex programs and shelters matching their gender identity, like those with "shared sleeping quarters or shared bathing facilities."

The rule, developed during the Obama administration, builds on an earlier regulation entitled "Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity." That 2012 rule guaranteed HUD's programs would be open to all regardless of sexual orientation, gender identity, or marital status. According to HUD, however, that rule "did not address how transgender and gender non-conforming individuals should be accommodated in temporary, emergency shelters and other buildings and facilities used for shelter that have physical limitations or configurations that require and that are permitted to have shared sleeping quarters or shared bathing facilities."

During an earlier comment period, the Center for American Progress (CAP) submitted extensive remarks and suggestions relating to the new rule. According to CAP, a "recent study the Center for American Progress conducted with the Equal Rights Center (ERC) found that only 30 percent of shelters were willing to properly accommodate transgender women." CAP continued:

"In addition to outright refusal of services, shelter staff misgendered callers; cited genitalia or surgery requirements as prerequisites to placement consistent with gender identity; cited the discomfort of other shelter residents as a basis for refusing placements consistent with gender identity; deflected transgender people to other employees or agencies; or offered to isolate transgender women rather than house them with other women."

According to Brian Sullivan of HUD's Office of Public Affairs, the new rules are already final, but HUD is currently seeking comment through March 9 on a further rule to "require owners and operators of [Office of Community Planning and Development]-funded shelters, housing, buildings and other facilities" to print and post a notice on bulletin boards or other public spaces where it can be seen by those seeking services. The proposed wording of the notice is shown here:



When THE WEEKLY STANDARD asked if the Trump administration, under new HUD secretary Ben Carson, might be planning any changes to the new transgender rules, Sullivan replied, "As to future regulatory action by HUD, I can't say. We must digest the comments that would inform our future decisions … so stay tuned."