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HUD Proposes Redefining Sex in Housing Rules, Rolling Back Transgender Protections

The draft starts a public comment process that could trigger legal tests in states with gender‑identity protections.

Overview

  • HUD published a proposed rule that opens public comments through June 29, 2026.
  • The draft would replace references to gender identity across nearly 50 regulations with a biological definition of sex set by the president’s 2025 order.
  • HUD‑funded shelters and other single‑sex facilities could require “reasonable assurances or evidence” to verify sex, with placement based on biology rather than self‑identification.
  • Secretary Scott Turner said the change restores “biological truth” to protect women, while groups including Advocates for Trans Equality and the National Housing Law Project warn it would enable discrimination and increase homelessness.
  • The proposal would reverse Obama‑era Equal Access protections, and states that protect gender identity in housing are expected to challenge the rule if HUD moves to finalize it.