The United States Department of Housing and Urban Development proposes that biological sex criteria be used when making an application for access to public housing.
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A proposal promoted during the Donald Trump administration seeks to reform federal regulations that regulate access to housing and shelters funded by the United States government, introducing a significant change in the criteria used to determine who can access these services.
The Department of Housing and Urban Development (HUD) introduced a draft regulation that removes references to “gender” and “gender identity” from its current policies, replacing them with the term “sex”, defined as the biological classification of a person as male or female.
If approved, the measure would reverse provisions implemented during the presidency of Democrat Barack Obama, which established that federally funded housing programs should be accessible without discrimination based on “gender identity.”
According to the text of the proposal, operators of shelters and other facilities that have spaces differentiated by sex could request “reasonable guarantees” to verify the biological sex of people who request access. The initiative argues that this approach will make it possible to apply more objective and consistent criteria, reducing ambiguity in the management of sensitive services such as shelters for the homeless
. The Department of Housing and Urban Development presented a project to eliminate definitions such as “gender” or “gender identity” from its policies
Officials and supporters of the measure argue that the change aims to reinforce regulatory clarity and legal certainty for service providers. In particular, they highlight that the use of a biological definition of sex would facilitate the implementation of policies in contexts where privacy and security are a priority, such as in shelters for women victims of violence or in facilities with
shared accommodation.
In addition, they argue that the proposal seeks to preserve the original purpose of spaces segregated by sex, ensuring that they continue to fulfill their protective function for vulnerable populations. From this perspective, the new framework would allow operators to establish clearer rules, avoiding conflicts derived from disparate interpretations of current regulations
.
The initiative also opens a public comment period until the end of June, during which organizations, local authorities and citizens can submit their opinions before a final decision is taken. This process is common in the drafting of federal regulations and could influence the final drafting of the standard.
Former Democratic President Barack Obama ruled that access to public housing should follow non-discrimination guidelines based on “gender ideology”
The debate surrounding the proposal takes place in a context of increasing legislative diversity among states. While some have adopted laws that expand protections based on “gender identity” in access to housing and public services, others have opted for regulations that prioritize biological definitions of sex, especially with regard
to segregated spaces.
Analysts point out that, if implemented, the measure could lead to legal disputes between the federal government and certain progressive states, which would eventually bring the issue to court. However, those who support the initiative believe that it will contribute to establishing a more uniform framework at the national level, reducing current regulatory fragmentation.
The HUD proposal represents a significant change in federal housing policy, redefining access criteria based on biological sex. This measure will strengthen regulatory coherence, provide greater security for shelter operators and ensure the protection of differentiated spaces, in a particularly sensitive area of
public policy. Through this measure, the Trump administration seeks to ensure that clearer and fairer criteria are established when accessing public housing.