NWLC Leads More Than 100 Groups in Opposing Trump Administration Rule Attacking Trans and Disability Rights

Washington, DC – The National Women’s Law Center (NWLC) is leading more than 100 organizations in opposing a Trump administration rule that seeks to weaken federal disability nondiscrimination protections for people with gender dysphoria in critical health and human services. Those joining NWLC in opposing this rule include a broad range of organizations representing numerous movements—including disability rights and justice, racial justice, health, LGBTQI+ equality, and civil rights broadly.

To read the comment and the list of signers, click here.

The Department of Health and Human Services’ (HHS) proposed rule wrongly misinterprets Section 504 of the Rehabilitation Act by claiming that gender dysphoria — a condition many transgender people experience — can never be a disability under the statute. The proposed rule asserts that programs receiving HHS funding can freely discriminate against people with gender dysphoria, which could include being denied medical care or being turned away from services that support families with low incomes.

“Contrary to HHS’ claims, the proposed rule is unjustified, unwarranted, and contrary to the spirit and letter of the law,” the organizations wrote in their joint comment. “It would likely result in wide-ranging harm for people seeking to access critical services, disregard established case law, and conflict with the language and intent of Section 504. We are steadfastly opposed both to HHS’ proposed rule and its concerted effort to erode the rights of people with gender dysphoria and transgender people more broadly.”

The organizations firmly reject HHS’ claim that this proposed rule is necessary to preserve the rights of other people with disabilities. They also strongly push back against the blatant anti-trans rhetoric that high-ranking HHS officials are using to justify the rule.

The organizations point to numerous false and inflammatory anti-trans remarks made by Deputy HHS Secretary Jim O’Neill during the introduction of the proposed rule, such as saying that recognizing the existence of transgender people represents a “denial of fundamental truths” that “can destroy nations from within” and is “at the root of the evils we face.”

NWLC is leading efforts to push back against the Trump administration’s anti-trans agenda. In December, the Law Center strongly rebuked the Trump administration’s release of this initial rule, along with two other rules targeting trans people’s access to care. The Law Center also is uplifting how the administration’s attacks on trans people open other populations up to discrimination, including male veterans with breast cancer who are now being denied coverage for life-saving care.

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