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In May 2024, the Biden administration issued a ruling affirming that gender dysphoria qualifies as a disability under Section 504 of the Rehabilitation Act. This was a vital step in ensuring that trans people—especially those facing discrimination in healthcare, education, and employment—could access the same legal protections that disabled people rely on.
But now, Texas and 16 other Republican-led states are suing to overturn this ruling. They claim that including gender dysphoria as a disability is an overreach. But let’s be clear: this lawsuit isn’t just about trans people. It’s an attempt to dismantle disability protections altogether.
As a multiply disabled, Autistic, and trans person, I rely on these protections to survive. If Texas wins this case, the consequences won’t stop with gender dysphoria. The very foundation of disability rights is at risk.
This Lawsuit is an Attack on Disability Rights, Not Just Trans Rights
At first glance, Texas v. Becerra might only look like another attempt to target trans people. But beneath the surface, this lawsuit is part of a much broader strategy to weaken the Rehabilitation Act.
Section 504 is one of the most important disability rights laws in the U.S. It prevents discrimination against all disabled people in federally funded programs—including public schools, hospitals, and workplaces. If this lawsuit succeeds, it could create a dangerous legal precedent, making it easier to strip protections from other disabled groups in the future.
Disability protections exist because disabled people face systemic barriers to participation in society. Trans people experience these same barriers when we are denied medical care, fired for transitioning, or refused basic accommodations like correct gender markers on IDs. If this lawsuit succeeds in removing gender dysphoria from disability protections, it won’t stop there. Other conditions—especially those that conservatives find politically inconvenient—could be next.
Trans and Disabled Rights Are Deeply Connected
Many trans people are also disabled. Whether it’s due to neurodivergence, chronic illness, mental health conditions, or the physical toll of discrimination, the overlap is significant. A 2022 study found that trans people have a rate of disability twice that of the general population.
For trans people without other disabilities, losing Section 504 protections would still be catastrophic. These protections ensure access to:
- Accommodations in workplaces and schools
- Non-discriminatory healthcare
- Legal protections against harassment and mistreatment
- Housing and public services
If gender dysphoria is stripped from disability law, trans people will lose crucial protections that allow us to survive in a world already stacked against us.
While not all trans people have gender dysphoria (and a trans person without dysphoria is absolutely valid and real), being discriminated against for being transgender can create dysphoria in a person who otherwise wouldn’t experience it.
Gender Dysphoria Is a Disability—By Every Definition
The right-wing argument against this ruling hinges on the idea that gender dysphoria isn’t really a disability. But under both the medical model and the social model of disability, gender dysphoria clearly qualifies.
The Medical Model of Disability
The medical model defines disability as a condition that impairs a person’s ability to function in daily life. Under this model, gender dysphoria qualifies because:
- It is a recognized medical condition in both the DSM-5 and ICD-11.
- It causes significant distress and impairment when untreated.
- It requires medical intervention (such as hormones, surgery, and social transition) to alleviate symptoms.
- The medical community agrees that gender-affirming care is necessary treatment, not optional or cosmetic.
The Social Model of Disability
The social model of disability states that people aren’t inherently disabled—they are disabled by societal barriers. Gender dysphoria qualifies under this model because:
- Trans people face systemic discrimination in housing, employment, education, and healthcare.
- The distress of dysphoria is worsened by social rejection, lack of access to medical care, and legal barriers.
- If transition-related acceptance, healthcare, and legal protections were universally accessible, gender dysphoria would not be disabling for most trans people.
Section 504 exists precisely to address barriers like these. Removing gender dysphoria from disability protections doesn’t make trans people any less disabled—it just makes us easier to discriminate against.
The Hypocrisy of the Right’s Argument
Conservatives are trying to have it both ways. They frequently claim that trans people are “mentally ill” to justify discrimination. But the moment gender dysphoria is recognized as a legitimate medical condition deserving of protection, they turn around and argue it’s not a real disability.
This is bad-faith politics, plain and simple. Their goal is not consistency—it’s to strip trans people of every possible protection.
But the impact of this case won’t stop at trans people. If Texas wins, it sets a precedent for removing other disabilities from legal protection—especially mental health conditions, chronic pain conditions, and other “invisible” disabilities that conservatives don’t “approve” of.
The Dangerous Legal Precedent
This lawsuit is a test case for weakening disability rights overall. If Texas et alia succeed:
- Other states will follow suit, filing lawsuits to remove protections for other marginalized disabilities.
- The legal definition of disability could be narrowed, making it harder for people with chronic illnesses, mental health conditions, or neurodivergence to get accommodations.
- Schools, workplaces, and healthcare providers could legally deny services to disabled people, citing this ruling as precedent.
Conservatives have long wanted to dismantle the ADA and 504 protections—this case is just their latest attempt. They are using trans people as the wedge issue, but their real goal is to weaken disability protections for everyone.
What Can We Do?
This lawsuit hasn’t been decided yet—which means we still have time to fight back.
Stay Informed and Educate Others
Attend briefings and webinars to stay updated on the lawsuit’s progress and its implications. The Disability Rights Education & Defense Fund (DREDF) recently hosted a community briefing discussing the lawsuit and ways to take action.
Share information within your networks to raise awareness about the potential impact of this lawsuit on disability rights.
Support Advocacy Organizations
Consider donating to or volunteering with organizations actively working to defend disability rights, such as the National Council on Independent Living (NCIL) and the Disability Rights Education & Defense Fund (DREDF)
Contact Your State Attorney General
If you reside in one of the 17 states involved in the lawsuit—Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and West Virginia—urge your Attorney General to withdraw from the case. The National Council on Independent Living provides an Advocacy & Action Center to assist you in this process.
If your state is not part of the lawsuit, encourage your Attorney General to support Section 504 by submitting an amicus brief. The National Down Syndrome Society offers an action alert with guidance on how to proceed.
Share Personal Stories
Personal narratives can powerfully illustrate the importance of Section 504 protections. Consider sharing your experiences with national organizations, local disability rights groups, and the general public if you have a platform online.
If you are trans, disabled, or both, your voice matters. Talk about how these protections impact your life.
Conclusion
Texas v. Becerra is not just an attack on trans people—it’s an attack on the entire disability community.
As a trans, multiply disabled, Autistic person, I need these protections to survive. If this lawsuit succeeds, it could set a dangerous precedent for removing disability rights piece by piece.
We cannot let that happen.
The fight against this lawsuit is a fight for all disabled people, and we must stand together to stop it. Oppressors are hoping to turn us against each other so we don’t notice what they’re doing. Resist the attempts to divide us. Solidarity is key to protecting our rights.
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