By: Lauren Burgess
FAYETTEVILLE, Ark. (UATV) – In September 2024, the Attorney General of Arkansas and 16 other state attorneys joined a lawsuit filed against the Biden administration to challenge the “final rule.” This rule, issued by the Department of Health and Human Services (HHS), categorizes ‘gender dysphoria’ as a disability under Section 504 of the Rehabilitation Act of 1973.
Section 504 of the Rehabilitation Act of 1973 protects people with disabilities to ensure they are not discriminated against in federally funded programs and requires employers to reasonably accommodate people with disabilities.
Federal law has excluded “gender identity disorders” like ‘gender dysphoria’ from being classified as disabilities under Section 504 and the Americans with Disabilities Act (ADA).
In May 2024, Biden’s administration HHS issued a “final rule” that contradicts federal law by categorizing ‘gender dysphoria’ as a disability.
Griffin said, “What this rule mandate requires is that schools and universities to allow biological boys to use the girls’ bathrooms, depending on their gender identity, allow males to compete in girls’ and women’s sports, and require teachers and students to use the pronouns that are preferred by those with the Biden administration described as a “disability” under Section 504.”
This suit was brought to light with people expressing their concerns and feelings about it on social media.
Tim Griffin Attorney General of Arkansas said, “There’s been a lot of misinformation online and people are saying all kinds of things, so I felt obligated to clarify because like most things posted online sometimes it’s inaccurate or partially accurate.”
Recent reports on social media suggested that the suit seeks to repeal Section 504 entirely, which Griffin said is not the case.
“The lawsuit is not seeking to end Section 504 disability protection for anybody covered under the statute,” said Griffin. “It is simply seeking to overturn the Biden administration addition of ‘gender dysphoria,’ which was not done through Congress it was done administratively.”
Griffin said the way the Biden administration went about changing a law is illegal and that’s the issue.
“You got to go to Congress to get the law changed. You can’t just willy-nilly pull out a pen because you are frustrated with the people in Congress who don’t agree with you, so you’ll take an end run. That’s not the way the Constitution works,” said Griffin.
This lawsuit intends to block Biden’s rule and preserve the original form of Section 504 – not to repeal Section 504 and take away protections for people with disabilities.
“If we win this lawsuit, and I believe we are going to win it, then no one’s disability accommodations changes, none,” said Griffin. “It simply goes back to the way it was before May and the way it has been for 52 years.”
“The lawsuit is now stayed, which means it’s frozen,” said Griffin.
The Trump administration is reviewing the final rule, which means this lawsuit is not active.
“Nobody thinks that 504 is unconstitutional. Nobody thinks that. Nobody has challenged it for 52 years. Nobody is challenging it now. This is about the addition of ‘gender dysphoria.’” – Attorney General of Arkansas, Tim Griffin.