The Department of Housing and Urban Development is seeking to require shelters to accommodate transgender individuals to use the shared sleeping and bathing areas of their choice.
The agency is also expanding its definition of “gender identity” for purposes of the regulation.
The current definition states, “Gender identity means actual or perceived gender-related characteristics.”
The new definition adds to what “perceived gender identity” means.
“Gender identity means the gender with which a person identifies, regardless of the sex assigned to that person at birth,” the new definition reads. “Perceived gender identity means the gender with which a person is perceived to identify based on that person’s appearance, behavior, expression, other gender-related characteristics, or sex assigned to the individual at birth.”
The agency added, “Perceived gender identity may differ from the identity with which a person identifies.”
The proposed regulation also notes that the rule could apply to anyone, regardless of whether or not they use the term “transgender” to describe themselves.
The agency would allow exemptions on a case-by-case basis to the rule out of safety concerns. Complaints from other individuals living in the shelter would not be considered.