Some supporters of transgender rights celebrated a decision by Hawaii’s attorney general to join 15 other attorneys general in pushing to rescind a proposal they say would make it harder for transgender homeless people to be safe in homeless shelters.
Housing and Urban Development Secretary Ben Carson announced in May that HUD would repeal a 2016 amendment to the Equal Access Rule that requires shelters to house and accommodate people in accordance with their gender identity, according to the office of state Attorney General Clare Connors.
In a letter to HUD, the
16 attorneys general argued the amendment’s repeal will compromise the safety of transgender and gender-
nonconforming homeless people in shelters and force some of them to sleep on the streets. The action also would violate HUD’s mission to ensure decent housing for all, they said.
Michael Golojuch Jr., chairman of the LGBT caucus of the Democratic Party of Hawaii, said HUD’s stance mirrors President Donald Trump’s attitude toward lesbian, gay, bisexual and transgender people in general.
“The lack of humanity from his administration is worse than I ever thought possible,” Golojuch said. “This is a perfect Trumpesque policy that shows he does not care about anyone but his base. … We are very appreciative of our attorney general for stepping up to the plate.”
Hawaii has the highest per capita rate of homelessness in the country, and
Golojuch said transgender homeless people “are the most vulnerable of our community. … That the federal government wants to take away what’s left for them is abhorrent.”
Carla Houser, executive director of Residential Youth Services &Empowerment, said rescinding the amendment would especially affect transgender homeless youth, who already have few options
because of policies preventing unaccompanied young people from being sheltered with homeless adults.
“So they lay low, they end up partnering up,” Houser said. “There’s a lot of exploitation that happens: How do I make money to survive? And there’s not knowing where you’re safe.”
HUD’s stance means that “in order to receive shelter, you have to be something you’re not,” Houser said. “You can come in, but you have to dress like a man while you’re here. It just gives them another barrier where they’ll say, ‘I give up. I quit.’”
And that would make it even more difficult to house disenfranchised transgender homeless people and get more homeless people off the street, Houser said.
“You cannot connect them with case managers and behavioral health services or address substance abuse,” she said.
In a separate action,
Connors’ office also announced Wednesday that her office is joining 21 attorneys general in filing an amicus brief with the U.S. Supreme Court arguing that federal anti-discrimination laws protect LGBTQ
employees.
The brief will be filed
in three cases involving workers who are being fired based on their sexual orientation or gender identity. The mainland cases are being considered together by the Supreme Court.
The attorneys general
argue in their brief that
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination against transgender people or on the basis of sexual
orientation.
“Discrimination based
on sexual orientation and gender identity is illegal,” Connors said in a statement. “Hawaii stands in support of the LGBTQ+ community and will continue to safeguard their rights.”