17 States Challenge Gender Dysphoria Disability Inclusion

A lawsuit involving 17 states, including South Carolina, Utah, and Arkansas, is challenging the Biden administration's inclusion of 'gender dysphoria' as a disability under Section 504 of the Rehabilitation Act of 1973. This legal action, led by states like Texas, aims to revert the definition of disability to its original scope, excluding gender identity disorders. The lawsuit has sparked concern among disability advocates who fear it might threaten the protections offered by Section 504. However, state officials from South Carolina, Utah, and Arkansas have emphasized that their participation in the lawsuit is solely to challenge the specific inclusion of gender dysphoria, not to eliminate Section 504 entirely. They argue that this inclusion could have broader implications, such as affecting federal funding for non-compliance with the expanded definition. The lawsuit underscores a broader debate on the scope of disability rights and the definition of disability under federal law.