TOPEKA, Kan. — Attorneys general representing 17 Republican-led states have reaffirmed their commitment to a significant federal statute that safeguards the rights of individuals with disabilities. This announcement comes in response to concerns raised by parents who fear that their disabled children’s access to essential services might be compromised due to a lawsuit initiated by GOP officials challenging transgender rights.
In a legal filing submitted to a federal court this week, the state attorneys general, spearheaded by Texas, clarified that their September lawsuit specifically targets a regulation enacted last year during the tenure of then-President Joe Biden. This regulation asserted that transgender individuals are included under the protections of a 1973 law that prevents discrimination against persons with disabilities. The officials emphasized that their lawsuit does not challenge the law itself, which mandates that institutions receiving federal financial assistance accommodate individuals with disabilities.
The lawsuit initially garnered minimal attention until it was recently spotlighted by advocacy groups for disability rights, who expressed concerns that certain elements of the suit could undermine decades of established legal protections for those with disabilities. Among the concerned parents are John and Tayler Cantrell from Topeka, who are worried about their 4-year-old son Cooper, who suffers from a severe medical condition. They consider the anti-discrimination law essential for their child’s development and the well-being of other affected children.
“This legislation creates a fair environment, offering every child, regardless of their challenges, a genuine opportunity to succeed,” stated John Cantrell during a press event organized by Democratic lawmakers this week.
The states’ lawsuit contests a rule introduced by the U.S. Department of Health and Human Services in May, which states that gender dysphoria—a condition where individuals experience distress due to a mismatch between their gender identity and the gender assigned at birth—can qualify as a disability under federal anti-discrimination statutes. The attorneys general are concerned that failure to acknowledge the gender identities of transgender individuals could result in the loss of federal funding.
One claim in the lawsuit is labeled “Section 504 is Unconstitutional,” referencing a crucial component of the 1973 anti-discrimination legislation. Another part requests that the court prevent HHS from “enforcing Section 504.” However, the attorneys general have clarified that these assertions pertain exclusively to the particular regulation in question.
“I believe many individuals unfamiliar with legal terminology misinterpreted those phrases as having broader implications,” remarked Jeff LeMaster, a representative for Attorney General Tim Griffin from Arkansas, one of the states involved.
Furthermore, the attorneys general noted that their legal action is currently on pause while the administration of former President Donald Trump reviews the HHS regulation. Trump has previously issued executive orders that target transgender rights, and there is a possibility that his administration could invalidate the HHS rule.
Brenna Bird, the Republican attorney general from Iowa, claimed that the Biden administration’s emphasis on this rule has come at the detriment of children with disabilities. “I am taking legal action to ensure that children and individuals with disabilities receive the necessary support to thrive,” she issued in a statement.
In contrast, Kansas state Representative Alexis Simmons, a Democrat from Topeka, articulated that the Republican leadership’s focus on transgender issues has inadvertently involved an assault on the rights of disabled individuals. “We felt it was imperative to elevate our constituents’ voices,” she stated. “Our objective was to ensure they were listened to and that measures were taken accordingly.”
