HUD's proposal weakens the Equal Access Rule and targets transgender individuals

I am writing to strongly oppose the proposed rule titled "Equal Access to Housing in HUD Programs Revisions" (Docket No. HUD-2026-0529-0001). I am a private citizen and an ally to the LGBTQ+ community. I believe that ALL people in crisis deserve access to safe shelter. The Equal Access Rule exists because people experiencing homelessness need help, and turning away vulnerable individuals on the basis of gender identity causes direct, documented harm. Research has found that transgender folks experience homelessness at disproportionately high rates compared to the general population. We cannot make an already dire situation worse for some of the most at-risk people in our country. This proposed rule would allow shelter operators to demand proof of a person's birth sex before admitting them, and to turn away transgender individuals from facilities consistent with their gender identity. In practice, this means transgender women being forced into men's shelters, or being turned away entirely—and vice versa with transgender men. I am also concerned that this rule would attempt to override state and local anti-discrimination laws that communities have democratically chosen to enact. This overreach is inappropriate regardless of one's views on the underlying policy question. Secretary Turner justified this rule by stating publicly, "God created two sexes: male and female[...] This proposed rule will bring biological truth and sanity back to HUD’s policies." This raises two serious problems. First, it is a constitutional one: the Establishment Clause prohibits federal policy whose primary justification is religious doctrine, and federal housing rules must be grounded in secular public interest, not one official's theology. Second, it misrepresents the science. The American Medical Association, the American Psychological Association, and the Endocrine Society all recognize that biological sex is more complex than a strict binary. Invoking "biological truth" while ignoring that consensus is not science, it is a selective reading of it. The role of HUD is to expand access to safe housing and reduce homelessness NOT to introduce new barriers for people seeking help. I urge you to work with the HUD to withdraw this proposed rule and preserve the existing Equal Access Rule protections.