A legal case that has had people with disabilities on edge for months is on hold – for now.
Texas v. Becerra began in September when Ken Paxton, along with 16 other state attorneys general, sued the Biden administration over updates to Section 504 of the Rehabilitation Act.
Section 504 is considered a foundational law by disabled Americans. But Paxton and the other attorneys general objected to a statement contained within updated rules adopted last year that they say could classify gender dysphoria as a disability, extending Section 504’s protections to transgender people.
The Standard’s Shelly Brisbin says the states also challenged other aspects of Section 504 in their suit, based on spending requirements it imposes. Advocates for people with disabilities fear the challenge could lead to the law being declared unconstitutional, if courts side with the plaintiffs.
“The law says that entities that receive federal funds, and that includes local governments, [schools and medical providers] that accept Medicare and Medicaid, for example, are not allowed to discriminate against people based on their disability,” Brisbin said.
Since the case was filed, there’s been a change of administration in Washington, and people with disabilities have mobilized to urge that the 17 states drop the case, since the Trump administration’s policies on transgender rights align closely with those of the states involved in the case, making any expansion of rights under Section 504 unlikely.
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The rules at issue in Texas v. Becerra were adopted by the Health and Human Services department in response to concerns that people with disabilities had not received adequate care during the COVID-19 pandemic. The rules require that medical services be made more accessible, including chairs and tables that can be used by people with mobility impairments, and that kiosks and websites for medical providers be available to blind users.
Additionally, the rules address improving integration of severely disabled people into their communities, rather than placing them in nursing homes.
Attorneys general for Nebraska and Iowa, who are plaintiffs in the case, expressed support last week for Section 504, while continuing to oppose any support for gender-affirming care for transgender people. Activists have mobilized to urge all states that are part of the case to drop out, in order to preserve the existing law and its updated rules.
