How a Legal Challenge Over Gender Dysphoria Became a Fight for Disability rights
Charlotte Cravins’ son Landry turned 2 in January. He’s a smiley little boy who loves singing “Itsy Bitsy Spider” and recently got his first pair of glasses.
Landry was born with Down syndrome and has impaired vision. He receives publicly funded therapies that have helped him learn to crawl, to pull himself up to stand, and to use American Sign Language.
Landry lives with his parents and sister in Baton Rouge, Louisiana, one of the eight states whose attorney general has chosen to remain in a lawsuit challenging a federal rule that protects accommodations for people with disabilities. States are asking a federal court in Texas to declare unconstitutional a part of federal law that requires states to provide services to disabled people in their communities, rather than in institutions, when appropriate.
Cravins, an attorney, has followed the case with increasing concern. If the states succeed, that could strip disabled people like her son of the right to publicly funded services that allow them to live in their own homes and neighborhoods, and instead push them into institutions such as state hospitals and nursing homes.
“Landry is a part of our family, a part of the community,” she said, “and to present his involvement in our family and in our community as a burden is unconscionable.”
The lawsuit is unusual. It began in 2024 with 17 Republican-led states suing the Biden administration over its inclusion of gender dysphoria as a protected disability under a portion of federal law known as Section 504. The states also challenged the constitutionality of Section 504 itself.
But the suit has since morphed into something different.
After President Donald Trump was reelected and his administration made clear it would not enforce the Biden rule protecting gender dysphoria, eight states pulled out of the lawsuit. Their attorneys general scrambled to distance themselves from it, amid a swift backlash from the disability community that warned the suit imperiled federal protections for all people with disabilities.
But in a surprising move, nine states chose to stick with the lawsuit anyway, and in January amended their complaint.
They’re now asking the court to strike down a part of Section 504 that requires states to provide disabled people with services in their communities whenever possible, rather than in institutions such as state hospitals and nursing homes.
It’s a maneuver that has shocked many in the disability rights community. Those who spoke with Stateline said they have not received answers from public officials about why the states are still pursuing the lawsuit after the Trump administration removed federal protections for gender dysphoria.
The Republican attorneys general from the states involved either did not respond to Stateline’s requests for comment or referred Stateline to Texas Attorney General Ken Paxton, who is leading the lawsuit. Paxton did not respond to Stateline’s request for comment.
Last week, a few days after Stateline reached out, Indiana dropped out of the lawsuit, leaving eight states remaining.
Indiana Attorney General Todd Rokita, a Republican, said he........
