A new rule from the U.S. Department of Housing and Urban Development would eliminate protections based on gender identity and sexual orientation, introduced under Barack Obama. It would instead require federally funded shelters to house people according to what it defines as their biological sex, even in states where local laws prohibit this. The proposal also removes a 2016 safeguard banning shelters from asking invasive questions or requiring proof related to a person’s body or medical history.
Under the new rule, grant recipients, subrecipients, owners, operators, managers, and providers under HUD programs can request “the ability to require reasonable assurances and evidence to confirm the sex of an individual,” though it does not clarify what that means. Critics warn the changes could enable harmful practices and increase risks for trans people, who already face higher rates of homelessness. The policy relies on Executive Order 14168 and frames the changes as measures to protect women and religious freedom. The proposal will now enter a public comment phase.
