The National Center for LGBTQ Rights is committed to increasing access to fair housing for the LGBTQ community across the country.

NCLR has worked extremely closely with the Department of Housing and Urban Development (HUD) to help shape fair housing policies that impact our community. In 2010, HUD announced that it would begin interpreting the Fair Housing Act’s prohibition against discrimination based on sex to include discrimination based on gender identity and nonconformity with sex stereotypes. This announcement represented a huge victory and creates significant protections for transgender, gender nonconforming, lesbian, gay, and bisexual people. In order to publicize this announcement, NLCR partnered with HUD to create a training for HUD staff on discrimination that LGBTQ people face and how best to work with the LGBTQ community.

NCLR has also been a lead partner with HUD in developing its LGBTQ Equal Access Rule, which extends crucial protections against housing discrimination to the LGBTQ community. NCLR wrote comments on behalf of over 30 LGBT, civil rights, and fair housing organizations in response to a draft version of this rule, and worked closely with HUD behind the scenes in the crafting of the final rule.

The final rule is historic. It prohibits housing discrimination based on sexual orientation and gender identity in public housing, HUD-backed mortgages, and HUD-funded programs and services. Many of the changes NCLR suggested from the proposed rule stage were implemented into the final rule. The final rule was released in January 2012 and went into effect March 5, 2012. In 2016, HUD issued an amendment to the Rule to clarify that transgender persons seeking shelter at HUD-funded homeless shelters must be housed according to their gender identity. Unfortunately, the Trump administration is seeking to roll back these protections in homeless shelters. NCLR and many partner organizations and individuals have opposed these changes with HUD and we will continue to advocate for federal housing policy that is inclusive and protects everyone.

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The 2010 Patient Protection and Affordable Care Act (ACA) has been a critical piece of legislation for expanding access to health care, including for the LGBTQ community. One of its critical features is a statutory prohibition on discrimination in health care based on sex. NCLR advocated extensively with the U.S. Department of Health and Human Services (HHS), the federal agency that enforces these protections, to ensure that sexual orientation and gender identity are included within the scope of the ACA nondiscrimination rule. In 2016, HHS issued a rule specifying that it would indeed interpret the nondiscrimination provision as covering LGBTQ people.

Unfortunately HHS under the Trump administration has taken a different view, and is in the process of seeking to change the regulations to take away some of the explicit protections for sexual orientation and gender identity. NCLR filed extensive comments in the record opposing these changes and is continuing to monitor developments in this area.

It is important to note that while HHS can make changes to its regulations, it cannot change the underlying statute, which still contains the prohibition against sex discrimination. Some courts have interpreted the statute to include sexual orientation and gender identity regardless of what HHS does. If you experience discrimination in health care due to your sexual orientation or gender identity you still have the ability to take legal action.

NCLR represents a transgender middle school student who transitioned from female to male. Although he lived as male and obtained a court-ordered name change, the school district still required that he use the nurse’s office for restroom access and to change in and out of his gym clothes. During an overnight field trip, the student was required to sleep in a separate cabin. In 2011, NCLR filed a complaint on the student’s behalf alleging that the school district’s treatment of the student constituted sex discrimination in violation of Title IX.

Fallon Fox made history in 2013 when she came out as the first openly transgender mixed martial arts (MMA) fighter. NCLR’s Sports Project helped her navigate that process, and also assisted Fallon with athletic licensing issues in Florida and California.

On February 27, 2019, Representative Pramila Jayapal (WA) introduced the Medicare for All Act of 2019 (H.R.1384/S.1804) to establish a national health insurance program to combat the high costs of healthcare and health-related services for all U.S. residents. The Medicare for All Act would provide guaranteed access to affordable healthcare for all persons living in the U.S. Establishing an universal healthcare system is a top priority for LGBTQ people, because they are less likely to have health insurance than non-LGBTQ people.

Annie and Lyndy had been together for nearly thirteen years when Annie suffered a debilitating stroke. About ten years later, Annie entered hospice care while Lyndy continued to care for her. Despite legal documents designating Lyndy as the person responsible to make medical decisions for her, a state entity removed Annie from her shared home with Lyndy and petitioned for a public guardian.

NCLR and the Transgender Law Center filed an amicus brief with the Ninth Circuit supporting Darlene Jespersen, who was fired by Harrah’s Casino after she refused to comply with a new policy requiring female employees to adopt a hyper-feminine appearance. Harrah’s policy required all women to wear heavy makeup applied in exactly the same way every day, to match a photograph held by the supervisor.

Despite their long-term relationship and registration as domestic partners, the ILWU initially rejected Marvin Burrows’ claim for his partner William Swenor’s pension benefits. As a result, Burrows lost his home of 35 years and was financially destitute.