The Trump administration’s anti-trans attacks continue with the latest move by the Department of Housing and Urban Development (HUD), which proposed last month to require shelters to only use a person’s birth sex to determine housing placement.

This proposed change reverses a 2016 policy that required shelters to respect a person's self-identified gender, which underscored a 2012 rule that barred discrimination on the basis of sexual orientation and gender identity. HUD says it’s adjusting the policy based on the executive order Trump signed on his first day of office that defines gender in a narrow, binary way.

“God created two sexes: male and female. The Left’s war on biological reality through radical gender ideology will no longer take precedence over the safety and security of America’s most vulnerable women,” said Secretary Scott Turner in a public statement. “This proposed rule will bring biological truth and sanity back to HUD’s policies.”

Advocates are criticizing this proposal, highlighting how it bars transgender people from safe emergency shelter and ignores the anticipated harassment and violence. "It's a really, really cruel and violent rule," said Hannah Adams, senior staff attorney at the National Housing Law Project. Lambda Legal's Currey Cook put it more bluntly: the message is that transgender people needing shelter are "either in an unsafe situation or just out of luck." Nearly 40% of homeless youth identify as LGBTQ+, and 39% of transgender teens have experienced homelessness in their lifetimes.

The rule now enters a 60-day public comment period before HUD issues a final decision. Because the policy is rooted in a broader, coordinated anti-trans movement, it’s unlikely that public comments will affect the decision. Nevertheless, adding a public comment is an important part of holding our government accountable. In the right political landscape, these comments help agencies to identify unintended consequences of decisions they’re considering or offer practical alternatives based on community feedback.

According to information provided by regulations.gov, effective public comments often have one or more of the following characteristics: 

(1) an introduction where you explain why you are interested in the regulation and highlight any experience with the subject of the rule that may distinguish your comment; 

(2) a background section where you clearly identify the relevant part of the regulation you are commenting on; 

(3) analysis that lays out your argument and evidence (including with clear citations to any helpful research)—for example, how the action impacts you and what you care about; whether the agency anticipated or estimated these impacts correctly; any unintended consequences of this approach that the agency did not consider; and what additional details from the agency would help you better understand the action; 

(4) recommendations describing your suggestions to the agency and identifying specific changes you would advise—for example, providing a different way of addressing the problem the agency may not have considered; and 

(5) a conclusion which recaps your main argument and lists your recommendations again.

The proposed rule will accept comments until the end of June, after which HUD will make its final ruling. Regardless of their decision, it’s up to us to support organizations defending trans rights and providing equitable care while unhoused.

What are Public Comment Periods? Here's Why You Should Know About Them. Legal Defense Fund >

Tools for submitting a public comment against the proposed HUD legislation. Advocates for Trans Equality >

Homelessness and Housing Instability Among LGBTQ Youth The Trevor Project >