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A perspective from Kayla Gore, Executive Director of My Sistah’s House

Secretary Scott Turner recently instructed the Department of Housing and Urban Development to cease enforcement of the 2016 Equal Access Rule. This action represents more than a policy change — it threatens the fundamental safety and dignity of transgender individuals seeking shelter across America.

The Equal Access Rule (EAR) is a series of regulations that ensure U.S. Department of Housing and Urban Development (HUD) funded services are not denied based on sexual orientation, gender identity, or marital status. The rule was originally issued to ensure family members, such as fathers, teenage boys, and grandparents could access the same shelter as their family. It was updated to address barriers faced by transgender and gender nonconforming persons when accessing single-sex facilities.

The EAR protects universal access to HUD resources, whether it’s keeping a family at a shelter united with their teenage son or protecting access to life-saving resources for a transgender person.

On the frontlines of housing justice in Tennessee, Kayla Gore, Executive Director of My Sistah’s House, witnesses firsthand how critical these protections have been in creating pathways to stable housing for our community.

Before and After: The Rule’s Real Impact

Before the Equal Access Rule, Gore would see in an average week five to six people struggling and reaching out. After the rule, Gore noticed more trans people were openly looking for housing options.

“They had this federal rule that says, ‘you have to house me regardless,’” Gore shared.

Discrimination Takes Many Forms

Even with protections in place, the reality for transgender individuals seeking shelter is challenging.

“Sometimes they’re not housed with the gender that they identify with,” Gore said. “They’re still housed with the male population or some type of segregated population of the shelter, if they’re admitted at all.”

It’s important to note that discrimination doesn’t always look like outright denial of service.

“Sometimes discrimination doesn’t look like being denied entry, but it’s how you’re given entry or access, or how much access you get, or when you get the access,” Gore said. “For instance, they have a way of deciding who’s more chronically homeless with a number scoring system. And even if trans people score high, they’re still not prioritized for housing options. And if they score low, then, you know, it’s not even a conversation.”

Additionally, transgender people are frequently either turned away at the door or they’re put in positions where they become a problem. So, they’re either banned from the facility or asked to leave for an extended period, according to Gore.

Some organizations have even used the existence of trans-specific shelters as justification for turning people away.

“A lot of the organizations used us as a scapegoat so that they wouldn’t have to serve trans people,” Gore said. “They’re like, ‘Oh, no, there’s a trans shelter. Send them there.’ So, we were overwhelmed a lot of the times because we were always full. A lot of those shelters had space and capacity. They just didn’t prioritize housing trans people.”

Risk of Retaliation

Following My Sistah’s House’s legislative action challenging Tennessee’s birth certificate policy, the governor signed an order preventing gender marker changes on driver’s licenses — a process that had never been problematic before.

“Nobody can really explain why, but we know why,” Gore states. “There’s been retaliation.”

This pattern of targeted legislation demonstrates why federal protections like the Equal Access Rule are essential safeguards against discriminatory practices.

Despite these challenges, My Sistah’s House continues to develop innovative solutions. Their Tiny House Project aims to build 20 permanent homes for transgender and queer women of color in Memphis — creating stable housing options that aren’t subject to discriminatory shelter policies.

These community-led initiatives represent vital safety nets, especially as federal protections face uncertainty. However, they cannot replace the comprehensive protection that policies like the Equal Access Rule provide.

As we await Congress’s response to this rollback, our focus is on the human impact of this legislation. The Equal Access Rule wasn’t just a policy. The EAR was a lifeline that recognized the humanity and dignity of all people seeking shelter, regardless of gender identity.

So, what can you do? We urge you to submit a comment in support of the Equal Access Rule. Specific links and addresses will be available once the Administration officially opens the public comment period. Right now, stay informed and join a nationwide coalition of advocates by contacting Josh Dubensky at jdubensky@sageusa.org.

Remember: For transgender people and families experiencing homelessness, this isn’t a political debate —it’s about whether they’ll have a safe place to sleep tonight.