How the Equal Access Rule Can Protect Trans People and Sex Workers

Maddie Harris is a Social Work Policy Fellow at the Alliance through Columbia University’s School of Social Work. They have lived experience of working as a sex worker as a non-binary person.  

The Equal Access Rule is again under threat, potentially forcing more trans people into homelessness. Though it is still the law of the land, the current administration has indicated forthcoming changes to the way that shelter providers will be able to provide services in accordance with people’s gender identity.  

Rescinding the Equal Access Rule has far-reaching implications. It will force more people into unsheltered homelessness and provide fewer shelter options. For unsheltered trans people, employment discrimination can limit options, leading some to turn to sex work, which may serve as both a means of income and a chosen form of livelihood.   

Current threats to the Equal Access Rule would pose more danger for transgender individuals and sex workers who face stigma-related discrimination and the resulting cycle of incarceration and homelessness. 

Transgender Homelessness 

Transgender individuals experience homelessness at a higher rate than their cisgender counterparts. A staggering 63% of transgender individuals experiencing homelessness are unsheltered compared to 49% of cisgender individuals.  

Transgender people are disproportionately affected by homelessness, with nearly one-third experiencing it in their lifetime. Without proper shelter, they are more vulnerable to violence and other dangers of living outside. 

Many transgender individuals avoid homeless shelters due to fear of harassment, abuse, and lack of gender-affirming care or facilities. For instance, transgender people may face verbal or physical abuse from other shelter residents, be forced to stay in facilities that do not align with their gender identity, or encounter staff who are untrained or unwilling to provide appropriate support. Some shelters may lack private or gender-neutral restrooms, and transgender individuals may experience discrimination or have difficulty accessing necessary healthcare services, such as hormone therapy or mental health support. If transgender individuals are not able to access these services at a shelter due to potential rollbacks in Equal Access Rule protections, they may be less likely to seek shelter.   

Sex Work and Homelessness 

Sex work is inextricably linked to homelessness for many individuals. Factors such as domestic violence, incarceration, lack of familial support, substance use, and mental health disorders contribute to heightened housing instability among sex workers. Studies have shown that a significant percentage of women involved in sex work, whether through street prostitution or escort services, experience homelessness. A survey of street-based sex workers in New Haven found that 83% had been previously incarcerated, with nearly half charged for crimes related to sex work, homelessness, or drug use. About a third struggled to find work due to their criminal records, and most reported experiencing food and housing insecurity. This stigma related to criminalization creates significant barriers for sex workers trying to find safe and stable housing. 

Homeless transgender sex workers, especially in areas where sex work is criminalized, face heightened risks such as STIs, substance abuse, violence, and discrimination. These challenges are compounded by barriers like lack of access to healthcare, housing, and economic opportunities. Transgender women, in particular, face elevated violence and HIV risks compared to cisgender sex workers.  

These risks make it even more important to ensure access to shelter for all individuals, especially as criminalization of homelessness increases and compounds with criminalization of sex workers. Laws like SESTA-FOSTA and anti-loitering ordinances criminalize sex work and the existence of transgender individuals, making it more dangerous for us to simply walk down the street. While SESTA-FOSTA aimed to curb sex trafficking on online platforms, it has had unintended consequences. Over 70% of those affected by the law reported worsened financial situations, pushing many sex workers back to street-level prostitution. As a result, many sex workers lose control over their work and fall into the hands of traffickers, further deepening their vulnerability. This financial strain also increases housing insecurity, as many are unable to secure stable housing and are forced to rely on unsafe or temporary living situations.   While laws like SESTA-FOSTA do not explicitly target transgender individuals, they exacerbate the existing vulnerabilities faced by transgender people who engage in sex work, whether by choice or out of necessity for survival. 

This cycle of discrimination and criminalization creates a dangerous environment for trans and sex-working individuals, perpetuating their vulnerability to homelessness and incarceration. Stigma feeds criminalization, and criminalization, in turn, fuels stigma. The key to breaking this cycle is to decriminalize and protect their existence—allowing them to live without the threat of detention or homelessness. 

Why the Equal Access Rule Matters  

Secretary Scott Turner recently directed the U.S. Department of Housing and Urban Development (HUD) staff to halt enforcement of the 2016 Equal Access Rule, which ensures individuals are served according to their gender identity in HUD-funded programs. Since 2012, the Equal Access Rule has prevented discrimination and ensured that gender-expansive individuals are not forced to prove their gender identity in ways that could lead to harm or rejection from necessary housing and shelter services. 

However, the rule is still in effect, as it cannot be rescinded without formal rulemaking. Advocates should prepare to submit comments protecting the rule; the Alliance anticipates that HUD will open a 60-day comment period in the near future. To defend the Equal Access Rule, community-level education is essential. Advocates should start to consider which partners in their community can submit comments, especially those who can lend credibility to the issue, like elected officials or faith-based organizations. Sharing personal narratives about how the Equal Access Rule has positively impacted individuals and communities will strengthen the case to keep it intact. 

The Equal Access Rule is crucial for protecting transgender individuals, especially those facing homelessness, as it ensures access to gender-affirming shelters. Rescinding this rule would exacerbate homelessness and discrimination, particularly for transgender sex workers who already face criminalization and stigma.  

The Alliance strongly opposes any actions to weaken or repeal this lifesaving rule, as it remains in effect and continues to protect gender-expansive individuals.