Advocates Warn Anti-Trans Lawsuit Could Also Strip Disability Protections
A push by Republican attorneys general in 17 states to strike down part of a federal law that protects disabled people from discrimination has prompted an outcry from advocates, parents and some local officials.
The GOP-led lawsuit targets certain protections for transgender people. But some experts warn it has the potential to weaken federal protections for all people with disabilities.
Texas GOP Attorney General Ken Paxton sued the federal government in September over the Biden administration’s addition of a gender identity-related disorder to the disabilities protected under a section of a 1973 federal law.
Republican attorneys general from 16 other states joined the lawsuit: Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Utah and West Virginia.
But the AGs face a growing public backlash that stems from conflicting messages about what the lawsuit would actually do.
“The disability community is outraged and scared,” said Charlotte Cravins, a Baton Rouge, Louisiana, attorney whose 1-year-old son has Down syndrome and is blind in one eye.
Cravins and other parents and advocates point to parts of the lawsuit in which the plaintiffs ask the court to find an entire section of the law unconstitutional. If the court agrees, they think it would allow schools, workplaces, hospitals and other entities to refuse to provide accommodations they’ve been required to provide for the past 50 years.
“It would affect so many people that every person in our state — really, in our country — should be concerned,” Cravins said. “If they can erase protections for disabled children, then who’s next?”
The provision in question, Section 504 of the federal Rehabilitation Act of 1973, prohibits entities that receive federal funding from discriminating based on disability. For example, the law prohibits hospitals from denying organ transplants to people because they have a disability. It requires schools to allow deaf students to use speech-to-text technology. The law covers a wide range of disabilities, including vision and hearing impairments, autism, diabetes, Down syndrome, dyslexia and ADHD.
Last May, the Biden administration issued a rule that added to the covered disabilities “gender dysphoria,” the psychological distress that people may experience when their gender identity doesn’t match their sex assigned at birth. Gender dysphoria is defined in the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders.
In recent days, national disability rights groups — including the American Council of the Blind, the National Down Syndrome Society, the © Truthout
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