California Attorney General Rob Bonta co-led a coalition of 18 other attorneys general opposing a rule proposed by the Trump administration that would exclude gender dysphoria from the definition of disability, removing anti-discrimination protections.
Bonta and the other attorneys general submitted a comment on Friday to the U.S. Department of Health and Human Services (HHS) calling the change “part and parcel of this administration’s efforts to harm the transgender community.”
U.S. Secretary of HHS Robert F. Kennedy Jr. proposed reversing the Biden administration rule that included gender dysphoria under the definition of disability. The proposal would amend Section 504, which bars disability discrimination by those who receive federal dollars.
During a recent press conference, Kennedy said the Biden-era rule was a “misuse” of the law aimed at protecting those with disabilities. He said policies that limit puberty blockers, hormones and surgeries for those with gender dysphoria do not violate disability nondiscrimination requirements.
The American Academy of Pediatrics characterizes gender dysphoria as “a sense of alienation to some or all of the physical characteristics or social roles of one’s assigned gender.” The organization states that discrimination based on gender identity or expression is damaging to children and recommends that transgender and gender-diverse youth have access to gender-affirming health care.
In his December press conference, Kennedy said the organization has “peddled a lie” and points to increasing rates of high school students who don’t identify as male or female.
If this proposed rule goes into effect, disability advocates worry it could lead many entities to believe they can discriminate against people with gender dysphoria, “even if the care they’re seeking is not related to gender dysphoria,” said Ma’ayan Anafi, senior counsel at the National Women’s Law Center, during a briefing held by Disability Rights Education and Defense Fund. Anafi said that could include health settings as well as other human services, such as child welfare, foster care, nutrition assistance and programs like Head Start.
The letter says the HHS should extend the comment period from 30 to 60 days. The comment period is currently open until Feb. 17. The letter also states that the proposed rule contradicts extensive legal precedent. And it states that the proposed rules harm the ability of states to protect individuals who are transgender or have disabilities.
“As Attorneys General, we are deeply concerned that the proposed rule constitutes another troubling instance in a series of steps this Administration has taken to undermine the essential rights of individuals with disabilities who are protected from discrimination under federal and state law,” the letter states. “We have watched as the Administration has weakened the federal enforcement of civil rights and stripped government watchdogs of their power to investigate disability rights violations.”