Washington, D.C. — The Center for American Progress submitted a comment letter strongly opposing a proposed rule from the U.S. Department of Health and Human Services (HHS) that would negate standing precedence by excluding gender dysphoria from the definition of disability under Section 504 of the Rehabilitation Act.
The proposed rule, issued by the department’s Office for Civil Rights, would amend a 2024 HHS final rule that interpreted gender dysphoria as a potential disability entitled to nondiscrimination protections in federally funded health programs. CAP warns that the proposal is discriminatory, contradicts medical expertise and legal precedent, and would expose disabled people—particularly transgender individuals—to increased discrimination in health care and other essential services.
“This proposed rule abandons both the law and the science in order to deny basic civil rights to a group of people who already face widespread discrimination,” said Mia Ives-Rublee, senior director of the Disability Justice Initiative at CAP. “Gender dysphoria is a well-researched medical condition, and courts have been clear that it is not excluded from disability protections. HHS should be strengthening civil rights enforcement, not narrowing it.”
CAP argues the proposal disregards medical consensus recognizing gender dysphoria as a condition that can cause significant impairment and, by narrowing the definition of disability, runs counter to Congress’ intent that civil rights laws be interpreted broadly and inclusively. CAP warns that this rollback would worsen discrimination in health care for transgender people, many of whom already avoid necessary care out of fear of mistreatment.
CAP urges HHS to withdraw the proposed rule and uphold the existing final rule to ensure that all disabled people—including those with gender dysphoria—are protected from discrimination in programs and activities receiving federal financial assistance.
Read the full comment letter: “CAP Submits Comments Against the Proposed Rule To Amend the Finalized HHS Rule on ‘Nondiscrimination on the Basis of Disability Programs or Activities Receiving Federal Assistance’” by Mia Ives-Rublee, Casey Doherty, and Haley Norris.
For more information or to speak with an expert, contact Christian Unkenholz at [email protected].