In May, the Department of Housing and Urban
Development (HUD) proposed that federally-funded homeless shelters should have
the right to turn transgender people away on
religious grounds, and/or to force trans women to be housed based on their
biological sex, rather than gender identity. Some backlash around this new
proposal comes from those who are in support of the Equal Access Rule (2012),
which prohibits federal housing discrimination based on gender identity and
sexual orientation. This proposal also comes off an incident in 2017 in which
the HUD removed information on its website that pertained to instructions for
emergency shelters on how to effectively serve homeless transgender people and
it also removed policy proposals that would require shelters to inform LGBTQ
residents of their rights within HUD-funded housing. According to the
National Center for Transgender Equality, 1 out of 8 transgender people have
experienced homelessness within the last year -- "putting them at risk of
physical and sexual violence and being forced into sex work", the
probability of which would most likely increase if this policy proposition is
approved. However, this is not the first time federally-funded housing has
been at odds with LGBTQ rights and protections.
In the early 2000’s, the Salvation Army, a
Christian nonprofit homeless shelter/soup kitchen/thrift store (which,
coincidentally, receives federal funding), had numerous scandals in which it adhered
by anti-LGBTQ
housing and general help practices. The most notable of which were: in
1998 the Salvation Army of San Francisco turned down $3.5 million in aid
because they would be required to give spousal benefits to same-sex partners,
in 2001 the United States Salvation Army wanted to make a deal with the Bush
Administration that would make it exempt from local policies banning anti-gay
discrimination, and in 2012 a worker at a Salvation Army in Vermont was fired
after it was found out she was bisexual. The Salvation Army has since
established, via its website, that anti-LGBTQ policy and action is no longer
tolerated within the organization.
It seems to me that the HUD proposition not only
contradicts the Equal Access Rule of 2012 (also an HUD policy – I wish I had
the time and space to get into the hypocrisy of this new proposal in relation
to the information presented on their website,
but I don’t), but it also allows for an establishment of religion within
shelters funded by taxpayers, and this would allow for the return of
early-2000s-Salvation-Army-style homeless shelters, which, in turn would lead
to a much more dangerous life for transgender homeless people.
Federally-funded homeless shelters receive money
from the government, and this money from the government actually comes from the
public – in the form of taxes. This violates the Establishment clause of the
First Amendment because it is establishing religion (though not a specific one)
within the government via publically-funded housing programs. The HUD proposal
violates this clause because, by being federally funded, these homeless
shelters are a representation of the government, and allowing them to
discriminate against the transgender community based on religious grounds is
essentially a government-endorsement of those religious grounds. In terms of
the Salvation Army, however, though they do receive federal funding, they also
receive private funding and funding via sales at their thrift shops. This makes
their religious establishment a bit more of a grey area; because, while federal
funding of a Christian organization promotes establishment of religion within
the government, much of the private funding for the Salvation Army comes from
churches and other religious organizations, as well as the thrift stores, and
privately-funded organizations are free to establish and adhere to religion as
they please.
Though the Salvation Army has since denounced
many of its anti-LGBTQ statements and actions in the early 2000’s, it seems as
though the public housing sector, as well as other sectors of the government
(such as the military and the health and human services department) are
becoming increasingly anti-LGBTQ, specifically anti-trans, since Trump took
office. Mara Keisling, Executive Director of the National Center for Transgender
Equality, recently said in an interview with the Washington Post, “The Trump
administration is, once again, targeting the most vulnerable trans people by
empowering shelters to turn people away and deny them equal access to
services.” And, while not all of laws that have been proposed or passed have
allowed anti-trans practices based on religious grounds, many of them,
including the HUD proposal and the Department
of Health and Human Services proposal, have – and in my opinion, they
promote an establishment of religion within the government.
4 comments:
I also think it is controversial that a federally funded organization can discriminate, despite there being a law that says one cannot. For private organizations, discriminating against a group due to religious claims could be seen as acceptable, however, a federal organization establishing a religion by discriminating against people for religious reasons is establishing a religion amongst the government.
I am confused as to how the HUD can create a good argument for this proposal not violating their own Equal Access Rule. I agree that this is an establishment of religion and heavily contradicts the Equal Access Rule. Since the shelters are federally funded, there should be no preference or form of discrimination instilled upon the housing process since the shelters are a service to the general public and not individuals of a certain religion.
I believe that any federally funded program should not have any inequality present, which is backed by the Equal Access Rule. For me, the primary issue is that the shelters are turning trans people away as that is discrimination. Regardless of religious belief, no belief can outweigh discrimination if it is a federally funded organization.
I definitely agree that the Salvation Army is violating the First Amendment on the grounds of the Establishment Clause. I understand that they are funded by other religious churches and organizations and through that income, they are free to turn down whoever they want. However, they are also federally funded which should prohibit them from denying any of the citizen of the United States. It does not matter what they look like or what they identify as, a citizen is a citizen. Taxes paid to the government is for the benefit of all citizens. If we no longer want this blurred line then it could be a simple solution like the government ending its funding to the Salvation army.
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