The U.S. Department of Health and Human Services has decided to remove gender dysphoria from the federal law protections afforded to individuals with disabilities. This ruling may impact ongoing lawsuits led by 17 Republican state attorneys general, who initially sought to challenge the inclusion of gender identity disorders in Section 504 protections. Despite some AGs retracting their stance amid backlash from disability advocates, the broad language of their lawsuit raises concerns that it might inadvertently undermine the entire scope of federal disability protections, which have been established for decades.
The swift backlash faced by Republican attorneys general highlighted the potential risks of their lawsuit against federal disability protections, extending beyond gender dysphoria.
The ruling from the Department of Health and Human Services effectively removes gender dysphoria from the list of disabilities, raising uncertainties for broader Section 504 protections.
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