Ben Carson, Secretary of the U.S. Department of Housing and Urban Development, proposed modifications to the Equal Access Rule on the first of this month. However, the proposal’s pretense looks a lot like hypocrisy disguised by bad political jargon. The rule outlines what requirements are allowed to be put in place by shelters for people experiencing homelessness, in an effort to deter discriminatory exclusion. Within the proposed modification, it states that single-sex or sex-segregated facilities will be able to turn away any person(s) suspected of identifying as anything other than their biological sex. Shelter providers and owners will be permitted to make the determination solely based on physical attributes.
Vox reported on the story describing how HUD will allow shelter staff to take into account “factors such as height, the presence (but not the absence) of facial hair, the presence of an Adam’s apple, and other physical characteristics which, when considered together, are indicative of a person’s biological sex.”
If this sounds confusing to you, you’re not alone. The Trump Administration has just signed off on a rule that will legally justify the intolerance of trans people experiencing homelessness. This intolerance will be intertwined in a law designed to protect at-risk communities facing poverty. According to the press release presented by HUD Public Affairs on July 1, the modifications are being implemented to “accommodate religious beliefs of shelter providers.” The irony lies in the fact that Carson and the Trump Administration are permitting displacement by those whose job it is to house the displaced.
“This important update will empower shelter providers to set policies that align with their missions, like safeguarding victims of domestic violence or human trafficking,” said Secretary Carson. “Mission-focused shelter operators play a vital and compassionate role in communities across America. The Federal Government should empower them, not mandate a single approach that overrides local law and concerns.”
This statement by Carson does not mention trans people or anything to do with gender identity, which is the primary intent of the press release. Instead, Carson redirected his comments and iterated his focus towards “mission focused” operations, which falls in line with his faith-based agenda. Time and time again, appointed officials within the Trump administration have let their religion influence political decision making. Yet, the First Amendment of the Constitution states that separation of church and state is a founding principle intended to alleviate government coercion.
Under the new rule’s guidelines, if shelter operators or staff choose to turn someone away on account of their gender identity, they are required to provide information about alternative shelter options. However, the rule does not stipulate that the shelter be required to secure new housing, merely provide a referral. Referrals by same-sex shelters would only be for men’s shelters or vice-versa, which is simply not an option for trans individuals.
Related Article: March 4 Trans Rights Nationwide March
Many are worried that the proposal will leave trans people, especially trans women, more vulnerable than they already are. In fact, trans people are more susceptible to discrimination and poverty, with 29 percent ending up homeless across the U.S. The grim reality will be that trans individuals who are turned away will be left with nowhere to go or placed in positions where they are at risk of harassment, sexual assault, and violence.
This is not the first attempt to role back trans rights by the Trump Administration and unfortunately, might not be the last. Despite pushback from Democrats, the proposed rule has already passed congressional review. Until the final decision is made, there is still time to speak out against these proposed mandates and fight for trans rights. In the last few months, this country has witnessed the power of people united in a fight for justice; we can’t get quiet now.
