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CELJ Opposes Proposed Rule Discriminating Against Transgender Individuals in Homeless Shelters

submitted by Christopher Phillips, Esq.

On July 24, 2020, the U.S. Department of Housing and Urban Development issued a proposed rule, entitled Making Admission or Placement Determinations Based on Sex in Facilities Under Community Planning and Development Housing Programs.  The proposed rule would permit emergency homeless shelters to admit individuals based solely on their biological sex.  For shelters providing access to only biological females, for example, this policy would allow them to turn away a person who identifies as female, but whose biological sex is male.  By completely ignoring an individual’s gender identity and expression, the proposed rule discriminates against transgender individuals, whose biological sex does not match their gender identity.

If implemented, the proposed rule stands to endanger the wellbeing of transgender individuals by denying access to timely shelter and services.  This danger is exacerbated by the economic hardships faced by individuals across the country resulting from the COVID-19 pandemic.

As proud providers of culturally competent civil legal services, the Center for Elder Law & Justice (CELJ) wholeheartedly opposes this discriminatory and unjust proposed rule.  We stand in solidarity with our clients, community partners, and allies in the LGBTQ community in voicing such opposition.

Click here to read CELJ’s full comment in opposition to this proposed rule.

CELJ Joins Amicus Brief to Protect Healthcare Rights of LGBTQ, Disabled, and Underserved Individuals

In furtherance of our commitment to protecting the rights of people with disabilities, LGBTQ individuals, older adults, and other underserved populations, CELJ also signed onto an amicus brief in the Southern District of New York.  Submitted by the National Health Law Program (NHeLP), Justice in Aging, and the Disability Rights Education and Defense Fund (DREDF) on behalf of themselves and 48 partners, the brief opposes the implementation of a Trump administration’s recently finalized rule to restrict the Affordable Care Act’s anti-discrimination provision.



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