AUSTIN, Texas – A lawsuit filed by the attorneys general of Texas and 16 other states has raised concerns that critical federal protections for people with disabilities may be at risk. Advocates fear that a key law, which prevents discrimination against individuals with disabilities, could soon be undermined.
Texas vs. Becerra
In September 2024, Texas, along with other states, filed a lawsuit challenging the Biden administration’s decision to add “gender dysphoria” to the list of conditions protected under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act. The states argue that this expansion exceeds the authority of the Department of Health and Human Services (HHS).
Court filings indicate that the states are seeking a permanent injunction to block this addition, while also requesting that the courts declare Section 504 unconstitutional and exempt states from enforcing its provisions.
Legal Arguments and Concerns
The states involved in the lawsuit contend that Section 504’s mandates are “unconstitutionally coercive,” particularly in how it forces compliance on individual states. They further argue that adding new disabilities to the list without prior notice or consultation constitutes an unfair burden on state governments.
Some advocacy groups, however, are alarmed that the lawsuit could set a dangerous precedent and weaken protections for all people with disabilities. Ashley Heidebrecht of the Texas Chapter of the National Association of Social Workers emphasized the broader implications: “If this lawsuit succeeds, it would strip away critical protections and set a dangerous precedent,” she said. “Disability and ableism are being weaponized, particularly against marginalized communities. This is a continuation of the country’s troubling history of prejudice and discrimination against the disability community.”
Texas Attorney General Ken Paxton argued that the proposed inclusion of gender dysphoria as a protected disability could lead to a loss of federal funding for programs benefiting individuals with disabilities and those receiving Medicaid. “This Biden-era rule, if allowed to move forward, would put those who are served by Medicaid, disability programs, and children in Texas schools at significant risk,” Paxton stated.
Despite these claims, national advocacy organizations, including the National Association of the Deaf and the National Down Syndrome Society, have urged their supporters to contact their attorneys general and voice concerns over the potential impacts of the lawsuit.
Edie Surtees, a spokesperson for Disability Rights Texas, echoed these worries: “Any action that weakens Section 504 of the Rehabilitation Act harms the lives of people with disabilities. We are closely monitoring this case as it progresses through the courts.”
Texas Defends the Lawsuit’s Intent
Attorney General Paxton maintains that the lawsuit will not affect individuals currently covered under the Rehabilitation Act. “The lawsuit is paused while the Trump administration reconsiders the rule,” Paxton clarified. “The next step is ensuring that the rule is permanently stopped, preventing biological boys from using girls’ bathrooms and locker rooms, and protecting the Rehabilitation Act from misuse that could strip funding for vital services, including disability programs.”
Despite ongoing concerns, Paxton asserts that the lawsuit is aimed at protecting Texans from federal overreach. “From the very beginning, this lawsuit has not sought to remove protections for anyone currently covered under the Rehabilitation Act, but to safeguard them from federal attempts to withdraw funding due to Texas’ refusal to comply with a ‘gender-identity’ mandate.”
Section 504: A Historical Foundation
Section 504 of the Rehabilitation Act, enacted in 1977, prohibits discrimination against people with disabilities in programs and activities that receive federal funding. The law requires schools, hospitals, government programs, and other entities to provide equal access and reasonable accommodations for individuals with disabilities, ensuring they are not excluded or denied services based on their condition.
As the case unfolds, both state and national organizations continue to stress the importance of maintaining robust protections for individuals with disabilities, fearing that any weakening of these laws could undermine decades of progress.