Comments on Proposed HUD Regulations on Admission Determinations Based on Sex (2020)

Comments on Proposed HUD Regulations on Admission Determinations Based on Sex, September 11, 2020

The United States Conference of Catholic Bishops (USCCB) submitted comments supporting HUD’s proposed rule on admission and placement decisions based on sex in emergency shelters and other temporary housing programs. The bishops argue that the proposal would restore flexibility to shelters, particularly faith-based providers, while continuing to ensure access to housing for vulnerable individuals, including those who identify as transgender.

Key Points

1.Commitment to Housing for All 

• USCCB emphasizes that housing is a fundamental human right and a matter of human dignity. 
• The bishops acknowledge that transgender-identifying individuals experience homelessness at disproportionately high rates and should not be denied shelter. 
• They reaffirm Catholic organizations’ commitment to serving all people in need.

2.Criticism of the 2016 HUD Rule: USCCB argues that the 2016 rule, which required placement according to an individual's gender identity: 

• Lacked clear congressional authorization. 
• Raised privacy and safety concerns, especially in single-sex facilities. 
• Burdened the religious liberty of faith-based providers.

3.Support for the 2020 Proposed Rule: The bishops support the proposal because it: 

• Allows shelters to consider biological sex in placement and accommodation decisions. 
• Permits organizations to establish their own policies for determining sex. 
• Gives shelters flexibility to address privacy, safety, and other relevant concerns. 
• Does not require shelters to operate according to gender identity if they choose not to. 
• Continues to require referrals or transfer recommendations when a shelter cannot accommodate someone.

4.Importance of Faith-Based Providers: USCCB stresses that faith-based organizations play a major role in homelessness services and shelter provision. 

• They argue that reducing regulatory burdens will help these providers remain active partners in HUD programs. 
• They cite the significant contribution of Catholic Charities and other faith-based organizations to emergency housing services.

5.Position on Bostock v. Clayton County 

The bishops contend that the Supreme Court's 2020 Bostock decision concerning employment discrimination does not control the issue of emergency shelter placement because many emergency shelters are not covered by the Fair Housing Act's sex-discrimination provisions.

Main Requested Change 

USCCB objects to language requiring shelter policies to comply with state and local law. They argue that: 

• This requirement could undermine the flexibility HUD is trying to create. 
• It could force shelters to follow local gender-identity mandates even when those conflict with the shelter's religious beliefs or operating policies. 
• The federal government should not condition funding on compliance with state and local requirements that may restrict the flexibility offered by the federal rule.

USCCB supports the proposed rule because it believes the rule: 

• Restores flexibility for shelters 
• Protects the participation of faith-based providers
• Allows consideration of privacy and safety concerns
• And helps shelters better serve people experiencing homelessness.

The bishops ask HUD to remove the requirement that shelters comply with conflicting state or local laws as a condition of federal funding and to provide additional clarification on several aspects of the rule.

Comments on Proposed HUD Regulations on Admission Determinations Based on Sex