In 1973, President Richard Nixon signed the Rehabilitation Act, the first major federal legislation to provide legal protections to people with disabilities in America – a huge step towards progress in disability rights. This act paved the way for The Americans with Disabilities Act of 1990 (ADA) and the protections disabled people in this country enjoy today.
Section 504 of the Rehabilitation Act protects against discrimination on the basis of disability in any program that receives federal funding. This part of the act is the namesake for 504 plans in schools: personalized academic plans accommodating for a students’ disability. 504 plans can cover everything from American Sign Language (ASL) interpreters for Deaf and hard of hearing students to extra time on tests for those with ADHD. These plans ensure that students with disabilities can learn along with the rest of their non-disabled peers without falling behind.
In September of 2024, the state of Texas sued then Secretary of Health and Human Services Xavier Becerra along with the US Department of Health and Human Services itself in an attempt to put an end to Section 504. This was a response to the Biden Administration amending the definition of “disability” to include “gender dysphoria” a few months prior. 16 other states have since joined the lawsuit, Texas v. Becerra, claiming that the change is contradictory to other federal definitions of “disability,” and is thus unlawful. The case has recently been paused in the court system, but the potential for a terrible outcome still looms.
Disability advocates are sounding alarms. Considering the Trump administration’s aggressive rhetoric and executive action against Diversity, Equity, and Inclusion (DEI), its attacks on prescription medications and the president openly mocking disabled reporters during rallies, concern for the rights of disabled Americans is justified. The Attorneys General of the states involved in this lawsuit have stated that they do not intend to eliminate Section 504 as a whole. However, the document’s language directly contradicts this, as it demands that the court “Declare[s] Section 504, 29 U.S.C. § 794, [as] unconstitutional”. This clear attack on the rights of people with disabilities would undermine precedent and take away protections that have been guaranteed for five decades. The American people cannot trust a statement from the plaintiffs over what is written: 17 states are trying to strip away rights from the disabled community.
One of the arguments this lawsuit makes against the inclusion of gender dysphoria as a disability could very easily be applied to other previously protected conditions. Item 74 in this lawsuit reads as follows: “74. Gender dysphoria cannot be confirmed or denied by any physical test. That means that it cannot ‘result[] from physical impairments’ and therefore it is necessarily excluded from the definition of ‘disability.’”
If this argument is accepted as a reason to remove gender dysphoria from the definition, it will set a dangerous precedent. There is no physical test for ADHD or Autism Spectrum Disorder, so will these be next? If this particular argument succeeds in removing gender dysphoria from the list, it will be significantly easier for states to argue for the removal of most developmental or learning disabilities. Even some physical disabilities with unclear diagnostic criteria could be threatened. If these Republican-led state governments cannot successfully dismantle the entirety of Section 504, this is a possible avenue to restrict the number of people it applies to.
If the only issue with this law was the inclusion of gender dysphoria, the Trump Administration could have reversed the Biden Administration’s change. This case could have been resolved on Trump’s first day in office, so why hasn’t this language already been removed? It’s clear that this case is meant to do more than reverse the change: Republican lawmakers are using this situation to attack disability rights, justifying it behind their obvious transphobia.
504 plans make learning possible for millions of students, and this attack on education will have devastating effects on their lives. Small accommodations make education possible for these kids, many of whom may not be able to pass classes, apply for college, or just attend class in general without them. Section 504 makes success possible for people of all ages and backgrounds, ensuring that people with disabilities have access to the same opportunities as our non-disabled peers. Texas vs. Becerra has gone unnoticed by the public for too long. People with disabilities and allies must raise their voices. If you live in one of the 17 states responsible for this lawsuit, call your representatives. We must protect Section 504 of the Rehabilitation Act. We must protect Americans with disabilities. ”
