TOPEKA, Kansas — A group of Republican state attorneys general is reaffirming their support for a critical federal law aimed at protecting the rights of individuals with disabilities. This comes after certain parents voiced their concerns regarding the potential loss of services for their disabled children due to a GOP lawsuit that opposes transgender rights.
Led by Texas, attorneys general from 17 states submitted a statement to a federal judge this week, clarifying that their lawsuit, initiated in September, only challenges a regulation established during the Biden administration last year. This regulation asserts that transgender Americans are safeguarded by a law from 1973 that prohibits discrimination against individuals with disabilities. The state attorneys general emphasized that they are not contesting the law itself, which necessitates that entities receiving federal funds provide necessary accommodations for disabled individuals.
The lawsuit did not garner much attention until recently, when advocates for disability rights began to uncover parts of the case that they believe could jeopardize decades of legal safeguards for those with disabilities. Among these concerned parents are John and Tayler Cantrell from Topeka, whose 4-year-old son, Cooper, suffers from a medical condition that caused significant brain damage at birth. They regard the anti-discrimination laws as essential for their child and others in similar situations to succeed.
“This law creates an equitable environment, giving every child, regardless of their challenges, a chance to flourish,” stated John Cantrell during a news conference organized by Democratic lawmakers.
The states are specifically contesting a rule introduced by the U.S. Department of Health and Human Services in May, which states that federal anti-discrimination laws can include gender dysphoria — a condition where an individual experiences distress due to a disconnect between their gender identity and the gender they were assigned at birth. The states are concerned that failure to acknowledge transgender identities could lead to loss of federal funding.
One aspect of the lawsuit is titled “Section 504 is Unconstitutional,” a reference to a vital part of the 1973 anti-discrimination law, while another requests a court order to prevent the Health and Human Services Department from enforcing Section 504. However, the attorneys general clarified that these concerns apply only to the specific regulation and not the law itself.
“I believe many individuals unfamiliar with legal documentation misunderstood the implications,” commented Jeff LeMaster, a spokesperson for Attorney General Tim Griffin of Arkansas, one of the states involved in the lawsuit.
Additionally, the attorneys general indicated that their case is currently paused as the Trump administration conducts a review of the HHS rule. Former President Trump has previously enacted executive orders targeting transgender rights, and his administration has the option to retract the HHS rule.
Iowa’s Republican attorney general, Brenna Bird, argued that the Biden administration’s actions in implementing the rule were detrimental to disabled children. “I am taking legal action to ensure that kids and Americans with disabilities receive the vital support they need to thrive,” said Bird in a declaration.
Conversely, Kansas state Representative Alexis Simmons, a Democrat from Topeka, remarked that the Republican leadership’s aggressive stance on transgender issues has inadvertently led to attacks on the rights of disabled individuals. “It was essential for us to uplift our constituents’ voices,” she said. “Achieving recognition and prompting action is precisely what we aimed for.”
