Pulling Back Civil Rights Protections for Trans Persons – The Equal Access Rule
Jessilyn Averill
One in three trans people will experience homelessness in their lifetime, and 70% of trans people who have used a shelter have experienced harassment. Ending the Equal Access Rule as codified guidance in HUD (U.S. Department of Housing and Urban Development) funding will have drastic consequences for trans adults and youth who have nowhere to go other than a shelter.
The National Alliance to End Homelessness (NAEH) is one of many organizations making sure communities across the country know how critical inclusive housing and shelters are for those who are unhoused and identify as LGBTQIA+. It took years of dedicated advocacy to implement the first Equal Access Rule as HUD guidance in 2012, followed by a revised second Rule in 2016. The Rule makes clear: all individuals seeking shelter should be welcomed and respected in accordance with their gender identity. In 2020 the Trump Administration proposed Rule edits that would allow shelters to disregard a person’s gender identity when deciding whether to grant access to a bed in gender-specific spaces. Fortunately, HUD withdrew those edits in 2021 under the Biden Administration.
Currently the Equal Access Rule protecting LGBTQIA+ persons’ access to HUD-funded shelters is still law. However, on February 10th, 2025 the new HUD Secretary halted enforcement of the Rule. It matters most now how shelter staff and community advocates show up for trans adults and youth experiencing homelessness. Read up on some ways we all can make sure shelters stay safe for trans individuals.