Today, former Presidential candidate Ben Carson is appearing before the Senate Judiciary Committee for a hearing on his nomination to become Secretary of the Department of Housing and Urban Development, or HUD. HUD is the federal agency tasked with administering and overseeing a wide range of vital housing programs and services, with a budget of over $32 billion. It is also the agency responsible for enforcing the federal Fair Housing Act, or FHA, which prohibits discrimination on the basis of race, color, religion, sex, familial status, or national origin, in the selling, renting or securing of funds for a dwelling.
Throughout his campaign for President, Carson argued that he would ground his role as a government official in his own religious principles—which he contends do not require him to protect the rights of lesbian, gay, bisexual, transgender and queer, or LGBTQ, people or Muslim communities, among other groups. Carson’s confirmation as Secretary of HUD would call into question whether this important role as HUD Secretary will be faithfully executed and whether the agency will continue to adequately protect those whose existence Carson deems to be in conflict with a properly organized “Judeo-Christian nation.”
Despite the fact that the Supreme Court has made clear that the Fourteenth Amendment of the Constitution requires states to license marriage certificates to same-sex couples, Carson has stated emphatically that he does not support same-sex marriage, calling it an “extra right” and the LGBTQ people seeking it, “abnormal.” During his run for president, he strongly supported Kim Davis, the infamous Kentucky county clerk who refused to issue marriage licenses to same-sex couples, arguing that LGBTQ people should not be able to force their “way of life upon everybody else.” He has also asserted that Congress should fire federal judges who support marriage equality and pass a law to nullify the Supreme Court’s marriage equality decision, comparing LGBTQ people to those who practice bestiality and pedophilia.
Carson has also stated numerous times that transgender people’s desire to be legally recognized as their authentic selves is the “height of absurdity,” and should not be forced upon “normal people” by “secular progressives.” He also claims that gender is a biological fact, grounded in both biblical and genetic truths, despite contrary consensus from the country’s leading medical associations and the lived reality of actual transgender people.
Carson’s brand of biblical governance also distorts the lived experiences of Muslim Americans, despite his alleged commitment to religious freedom and liberty. Leading Muslim American groups have widely questioned the impact of Carson’s statements about Islam on his ability to govern fairly.
For example, in response to questions on whether he would support having a Muslim president, Carson claimed that “Muslims feel that their religion is very much a part of [their] public life and what [they] do as a public official, and that’s inconsistent with our principles and our Constitution,” going on to say he would not support a Muslim President unless they disavow their faith. During a speech at Iowa University, Carson claimed that Islam is actually not a religion, but is instead “a life organization system” that has an “apocalyptic vision.”
These statements exist, ironically, in tandem with his insistence that “it is absolutely vital that we do all we can to allow Americans to practice their religious ways, while simultaneously ensuring that no one’s beliefs infringe upon those of others.”
Significant Gains May be Lost
Carson’s potential confirmation, and insistence on misunderstanding or ignoring constitutional and legislative protections for vulnerable communities, is both dangerous and will likely damage the protective framework created by the Fair Housing Act and regulations promulgated by HUD under the Obama administration.
For example, in 2012 HUD released urgently needed regulations to ensure LGBTQ people have equal access to housing and housing services, and in 2016, it extended those protections to emergency homeless shelters that were not previously covered. These policies have been important not only because of the high rates of discrimination that LGBTQ people, particularly transgender people of color, experience in housing, but also because LGBTQ people can still be denied housing and shelter in most states, absent federal protections from HUD. Further, Muslim Americans also report experiencing significant discrimination in housing, and under the Obama administration, both HUD and agencies including the Department of Justice, have been committed to forming partnerships to combat Islamophobia.
As Secretary of HUD, Carson would have the power to nullify and dismantle anti-discrimination gains made under the Obama administration. He would also have the ability to significantly weaken enforcement of the Fair Housing Act, and his statements indicate that he is likely to do just that for communities he deems unworthy of equal protection.