Ga. lawsuit targets ‘gender dysphoria’ clause in disability law
ATLANTA, Ga. (WRDW/WAGT) - Georgia is one of 16 states challenging a Biden-era change to federal disability law.
The lawsuit surrounds Section 504 of the Rehabilitation Act of 1973. The act ensures certain rights for people with disabilities, including school accommodations.
In May 2024, President Joe Biden issued a rule to include gender dysphoria to the list of qualifying disabilities under Section 504.
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South Carolina Attorney General Alan Wilson looked to clarify his position on accommodations for children in schools.
The government can withhold 504 funding from states that fail to enforce the decision.
In September, the lawsuit was filed. In January, a judge granted a stay on the lawsuit.
On Monday, Attorney General Chris Carr released a statement.
“The constitutionality of 504 was never in question. We are fighting one woke policy added by Biden for virtue signaling,” Carr said. “The vast majority of Georgians — R’s and D’s — agree that so-called ‘gender dysphoria’ should not be treated as eligible for federal funds, as if it’s the same as Down syndrome or dyslexia or autism.”
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Democratic state lawmakers and disability advocates held a news conference at Norcross High School demanding the state withdraw from the lawsuit. They fear Section 504 is still at risk.
State Sen. Josh McLaurin said Carr, who announced he would run for Governor, is trying to score political points on the backs of disabled people.
“I don’t use the word lie much, I’ve been at the State Capitol now for six years, but there appears to be a deliberate effort from Chris Carr’s office to obscure what happened with his signature on this lawsuit,” said Sen. McLaurin.
“504 is still at risk until the current White House stops firing nuclear engineers and addresses this we’re here to hold them able, and make sure 504 is protected,” said Rep. Long Tran.
Both the 16 states challenging Section 504 and the federal government must file papers with the judges in the case by Feb. 25. Then, the judges will decide what to do with the case.
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