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Published on February 19, 2025
Texas AG Ken Paxton Leads Multi-State Lawsuit Against Biden Administration's Gender Identity RuleSource: Texas Attorney General's Office

Texas Attorney General Ken Paxton is asserting himself once again in the legal arena, this time taking aim at the Biden Administration over a policy that redefines "gender dysphoria" as a disability. According to a statement released by his office, Paxton is leading a multi-state lawsuit to halt what he deems an "illegal rule" that would compel entities receiving federal funding, including schools, to comply with bathroom, pronoun, and dress code policies in accordance with gender identity rather than biological sex.

The crux of Paxton's argument hinges on the potential threat to federal funding for disability services and Medicaid in Texas, should the state not adhere to the aforementioned 'woke agenda.' If the rule stands, Paxton suggests, the federal government could withdraw funding for Texas under the Rehabilitation Act, based not on the state’s provision of services, but on its stance concerning gender identity in public facilities, a move he flags as an unconstitutional stretch of federal power.

"This Biden-era rule, if allowed to move forward, would put those who are served by Medicaid, disability programs, and children in Texas schools at significant risk," Paxton said. The Attorney General insists that the lawsuit's pause is a strategic breather while the Trump Administration revisits the rule's implications. He has expressed intent to see the rule permanently discarded, consequently ensuring separate bathroom facilities based on biological sex and shielding the Rehabilitation Act from what he perceives as unlawful application, as reported by the Attorney General's Office.

Amidst backlash and critique, Paxton's emphasis rests on the assurance that current protections under the Rehabilitation Act for already covered individuals remain untouched by his legal pursuit. What he seeks, he claims, is the prevention of federal force that could revoke funding due to the state's divergent view on gender identity. "Despite a misinformation campaign, Texans should know that from the very beginning, this lawsuit has not sought to take away the protections for anyone currently covered under the Rehabilitation Act, but to protect them from federal attempts to strip their funding due to any refusal by Texas to abide by a 'gender-identity' mandate," Paxton explained, as stated in the released statement.