Texas Attorney General Ken Paxton is spearheading a lawsuit against the Biden Administration and the U.S. Department of Health and Human Services (HHS), seeking to invalidate a new rule that classifies "gender dysphoria" as a disability under federal law. The rule, adopted by the administration in May of 2024, has brought forward significant opposition from multiple states, with Paxton at the helm of the legal challenge.
The contention lies in how the Biden Administration's rule seemingly contradicts established definitions set out in Section 504 of the Rehabilitation Act and the Americans with Disabilities Act. Congress, when these laws were created, was explicit in its exclusion of "gender identity disorders not resulting from physical impairments, or other sexual behavior disorders," as disabilities, according to the Office of the Texas Attorney General. Nonetheless, the recent rule categorizes gender dysphoria - a condition related to a person's gender identity - within the scope of a disability.
In a statement obtained by the Office of the Texas Attorney General, Paxton criticized the move by the Biden Administration, arguing, "The Biden Administration is once again abusing executive action to sidestep federal law and force unscientific, unfounded gender ideology onto the public." He went on to assert "Texas is suing because HHS has no authority to unilaterally rewrite statutory definitions and classify 'gender dysphoria' as a disability."
