On December 19, 2025, the U.S. Department of Housing and Urban Development (HUD) proposed a rule to give people access to single-sex facilities based on their biological sex rather than their gender identity. The rule would reverse HUD’s 2016 regulation, and facility operators could ask for reasonable evidence of an applicant’s sex.
On June 26, 2026, Defending Education (DE) filed a comment supporting the proposed rule. DE argues the change protects two key interests: safety and privacy. In shelters, transitional housing, and supportive housing with shared bedrooms and bathrooms, biological sex matters. Residents like domestic-violence and trauma survivors face real risk of harm or re-traumatization when housed with biological males.
DE urges HUD to finalize the rule.
Read the full comment below:
