TOPEKA, Kan. — Attorneys general from 17 Republican-led states are reaffirming their commitment to maintaining a significant federal statute that safeguards the rights of individuals with disabilities. This comes in response to apprehensions voiced by parents regarding the potential loss of vital services for their disabled children due to a Republican lawsuit concerning transgender rights.
This week, the state attorneys general, spearheaded by Texas, informed a federal court that their legal action initiated in September exclusively targets a regulation introduced last year by the Biden administration. This regulation states that transgender individuals are protected under a 1973 law designed to prevent discrimination against disabled people. The officials emphasized that they are not challenging the actual law and have never aimed to undermine it, which mandates that entities receiving federal funding provide necessary accommodations for individuals with disabilities.
The lawsuit had not garnered much attention until recently, when advocates for disability rights began to express concerns about clauses within the suit that they believe could dismantle decades of legal safeguards for disabled individuals. Among those expressing concern are parents like John and Tayler Cantrell from Topeka, whose young son, Cooper, experiences a medical condition affecting his brain’s functionality. They view the anti-discrimination statute as essential for their child and others facing similar circumstances to succeed.
“It’s about providing every child, regardless of their difficulties, an equal opportunity to thrive,” stated John Cantrell at a news conference organized by Democratic lawmakers.
The states are contesting a regulation introduced by the U.S. Department of Health and Human Services (HHS) in May, which states that gender dysphoria may be classified as a disability under federal anti-discrimination laws. This has led to concerns among the states regarding potential loss of federal funding should they fail to recognize the gender identities of transgender residents.
One of the counts in the lawsuit claims that “Section 504 is Unconstitutional,” referring to a critical component of the 1973 anti-discrimination law, and calls for a court order to prevent HHS from enforcing this section. Nonetheless, the attorneys general clarified that their criticism pertains solely to the specific regulation in question.
“I believe many who are not familiar with legal documents misconstrued our intentions,” remarked Jeff LeMaster, spokesperson for Arkansas Attorney General Tim Griffin, part of the coalition of states.
The attorneys general also indicated that the lawsuit is on pause while the Trump administration assesses the HHS regulation. Trump has made moves to challenge transgender rights through executive orders, and his administration has the power to revoke the HHS rule.
Iowa’s Republican Attorney General, Brenna Bird, contended that the Biden administration’s implementation of this rule has come at the expense of disabled children.
“My objective is to ensure that children and Americans with disabilities obtain the necessary support to thrive,” Bird commented in a statement.
On the other hand, Kansas state Representative Alexis Simmons, a Democrat from Topeka, accused Republican leaders of their focus on targeting transgender individuals, which she argued could inadvertently harm disabled Americans.
“It is imperative that we elevate our constituents’ concerns,” she stated. “Our goal was to ensure their voices were heard and to prompt meaningful action.”
