A coalition of states has filed a legal challenge against the Biden administration’s Department of Health and Human Services (HHS), contesting a new rule that includes gender dysphoria within the definition of disability under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA). The states argue that this regulatory expansion is an overreach of the statutory language of both acts and lacks congressional authorization.
At the heart of the lawsuit is the contention that when Congress enacted these laws, it explicitly excluded “gender identity disorders not resulting from physical impairments” from the definition of disability. The states argue that HHS’s move to reinterpret these laws contradicts this original intent and amounts to an unauthorized regulatory expansion.
Beyond the legal overreach, the plaintiff states contend that the rule is arbitrary and capricious. They argue that HHS failed to properly assess the financial and administrative burdens that this redefinition would place on state governments. According to the complaint, the rule imposes conflicting obligations between federal agencies and creates an unworkable compliance landscape, making it nearly impossible for states to fully adhere to the requirements.
This legal challenge reflects broader tensions over the scope of federal regulatory authority and the interpretation of disability protections. As the lawsuit progresses, it could have significant implications for the administration of disability law and the rights of individuals with gender dysphoria under federal statutes. The outcome of this case will likely shape the future of how gender identity is treated within the framework of disability rights in the United States.
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