White House Press Secretary Jen Psaki

The U.S. Department of Housing and Urban Development confirmed early today (Thursday, Feb. 11) that the Fair Housing Act protects people from discrimination based on gender identity and sexual orientation. This confirmation comes on the heels of President Joe Biden’s Jan. 20 executive order “Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation,” which applied the reasoning in Bostock v. Clayton County to all federal agencies.

HUD is the first agency to implement the terms of the executive order.

Mara Keisling, executive director of the National Center for Transgender Equality, applauded the move, saying, “Having access to a safe and secure place to live is essential. The Biden administration has demonstrated its commitment to fighting discrimination against transgender and non-binary people,.

“For transgender people who have struggled to find a place to live, to buy a home or get housing assistance, this is a really big deal,” Keisling continued. “The president has made clear — again — that he is committed to fairness, equality, and ensuring everyone is treated with dignity and respect, and that transgender people should be able to live without fear of discrimination.”

HUD’s action also follows closely after an interchange during a press briefing at White House earlier this week in which Press Secretary Jen Psaki strongly reiterated the president’s stance on trans rights after being asked by Fox News reporter Rachel Sutherland asked about Biden’s position on female trans athletes competing against female cis athletes.

Sutherland began by asking, “What message would the White House have for trans girls and cis girls who may end up competing against each other, and sparking some lawsuits and some concern among parents. So does this administration have guidance for schools on dealing with disputes rising for trans girls competing against and with cis girls?”

When Psaki askled Sutherland to clarify, the reporter began, “The president’s executive order…” But Psaki cut her off, saying, “I’m familiar with the order but what was your question about?”

Sutherland then replied, “My question is does the president have a message for local school officials in dealing with these kinds of disputes that are already starting to arise between the trans girls who are competing and cis girls and a level playing field, particularly in high school sports when it leads to college scholarships. Is there any kind of messaging or clarification the White House wants to give on the executive order?”

Psaki wasted no time and no words with her answer: “I would just say that the president’s belief is that trans rights are human rights, and that’s why he signed that executive order. In terms of the determinations by universities and colleges, I certainly defer to them.”

— Tammye Nash