Texas Attorney General Ken Paxton led a multistate suit against the U.S. Department of Health and Human Services (“HHS”) and Biden Administration officials to block a new rule that unlawfully attempts to contort federal disability law to list “gender dysphoria” as a disability.
In May 2024, the Biden Administration adopted a new final rule that directly undermines and contradicts established federal disability law by unilaterally redefining “gender dysphoria” as a “disability” under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act. However, when Congress passed these laws, it specifically stipulated that “gender identity disorders not resulting from physical impairments, or other sexual behavior disorders,” are not considered disabilities.
“The Biden Administration is once again abusing executive action to sidestep federal law and force unscientific, unfounded gender ideology onto the public,” said Attorney General Paxton. “Texas is suing because HHS has no authority to unilaterally rewrite statutory definitions and classify ‘gender dysphoria’ as a disability.”
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