TOPEKA, Kan. — Republican state attorneys general have reaffirmed their commitment to a crucial federal law that safeguards the rights of individuals with disabilities. This declaration follows parental concerns regarding the potential loss of services for their disabled children due to a GOP-led lawsuit challenging transgender protections.
Seventeen state attorneys general, spearheaded by Texas, communicated to a federal judge that their September lawsuit specifically targets a regulation introduced last year under former President Biden’s administration. This regulation extended protections to transgender individuals under a 1973 law that prohibits discrimination against those with disabilities. The attorneys contend that their legal action does not aim to undermine the foundational law that mandates federal assistance recipients to accommodate disabled individuals.
The lawsuit went largely unnoticed until recently when advocates for disability rights publicly expressed their concerns over aspects of the suit that could dismantle long-established legal protections for people with disabilities. Among those voicing alarm are parents like John and Tayler Cantrell from Topeka. Their son, Cooper, has severe medical challenges, and they believe that the anti-discrimination law is vital for ensuring his well-being and growth. “It levels the playing field, giving every child, no matter their challenges, a fighting chance,” John Cantrell said during a news conference organized by Democratic lawmakers.
The states are contesting a regulation from the U.S. Department of Health and Human Services introduced in May. This regulation stipulates that under federal anti-discrimination laws, gender dysphoria qualifies as a disability, which describes the discomfort some experience when their gender identity does not align with their assigned gender at birth. The states fear that failing to recognize the gender identities of transgender individuals could jeopardize their federal funding.
One of the claims in the lawsuit is titled “Section 504 is Unconstitutional,” a reference to the pivotal component of the 1973 anti-discrimination legislation. Another request in the suit seeks an injunction against the enforcement of Section 504 by HHS. However, the attorneys general maintain that these statements pertain only to the contested regulation.
Jeff LeMaster, a spokesperson for Arkansas Attorney General Tim Griffin, explained that many people unfamiliar with legal documents misunderstood the implications of the language used in the lawsuit.
Additionally, the attorneys general noted that their legal action is paused while the Trump administration assesses the HHS regulation. Donald Trump has previously signed executive orders aimed at curbing transgender rights, and his administration has the potential to revoke the HHS rule.
Brenna Bird, the Republican attorney general from Iowa, contended that the Biden administration’s pursuit of the rule negatively affected disabled children. “I am suing to ensure kids, and Americans with disabilities, have the support they need to succeed,” Bird stated in a release.
However, Kansas state Representative Alexis Simmons, a Democrat from Topeka, argued that the Republican leadership’s focus on transgender issues inadvertently jeopardizes the rights of disabled Americans. “It was our duty to amplify the voices of our constituents,” she asserted. “For them to be heard and action taken is exactly what we wanted.”
