Advocates concerned Texas lawsuit targeting transgender protections could lead to end of Section 504

AUSTIN, Texas - A lawsuit filed by the attorneys general of Texas and 16 other states has advocates concerned that a federal law that protects people with disabilities from discrimination may soon go away.

Texas vs. Becerra

In September 2024, Texas and other states filed a lawsuit to block the Biden Administration from adding "gender dysphoria" to the list of disabilities protected under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act.

The states claim that the addition exceeds the authority of the Department of Health and Human Services.

Court filings show that the states are seeking a permanent halt on the addition of gender dysphoria to the list of protected disabilities.

In asking the court to decide, the states are also asking the court to declare Section 504 unconstitutional and are asking for the courts to allow the states not to enforce it.

What they're saying:

In court filings, the states argue that Section 504 is "unconstitutionally coercive for forcing it on the States."

They argue that by adding new disabilities to Section 504, it "unfairly surprises" states with new conditions.

Some advocacy groups fear that the lawsuit will eliminate protection for all disabilities.

"If this lawsuit succeeds, it would strip away critical protections and set a dangerous precedent," Ashley Heidebrecht, from the Texas Chapter of the National Association of Social Workers, said in a statement. "Disability and ableism are being weaponized, particularly against communities that are already marginalized. This is a continuation of this country's history of prejudice and discrimination against the disability community."

Attorney General Ken Paxton on Tuesday said that by adding gender dysphoria as a disability, the state could lose federal funding for those 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 said.

Still, advocacy groups from across the nation, including the National Association of the Deaf and the National Down Syndrome Society are calling on their supporters to contact their attorneys general to voice their concerns.

"We are aware of the Texas v. Becerra case and continue to monitor it as it progresses through the courts," Disability Rights Texas Executive Director Sean Jackson said. "We believe that any action that weakens Section 504 of the Rehabilitation Act harms the lives of people with disabilities."

Paxton said that the lawsuit will have no impact on people covered under the Rehabilitation Act.

"The lawsuit is currently paused while the Trump Administration reconsiders the rule," Paxton said. "The next step is ensuring that the rule is permanently stopped, that biological boys are not allowed in girls’ bathrooms and locker rooms, and that the Rehabilitation Act cannot be unconstitutionally misused to take funding away for vital services, including disability programs. Despite a misinformation campaign, Texans should know that from the very beginning, this lawsuit has not sought to take away the protections for anyone currently covered under the Rehabilitation Act, but to protect them from federal attempts to strip their funding due to any refusal by Texas to abide by a ‘gender-identity’ mandate." 

Section 504

The backstory:

Section 504 of the Rehabilitation Act prevents people with disabilities from discrimination.

Section 504 states programs that get money from the federal government cannot discriminate against people with disabilities. 

The law ensures that schools, hospitals, government programs, and other organizations must provide equal access and reasonable accommodations for people with disabilities.

Section 504 became law in 1977.