Groundbreaking Lawsuit Aims to Challenge and Possibly Overturn Section 504

Section 504 of the Rehabilitation Act of 1973 safeguards individuals against discrimination due to disabilities. However, recent developments have cast a shadow over these protections, prompting concerns from advocates.

Reports have surfaced about a federal lawsuit that could potentially threaten the existence of Section 504. This litigation, notably Texas v. Becerra, is spearheaded by Texas Attorney General Ken Paxton and involves 16 other states challenging the Biden administration.

The crux of the lawsuit targets the inclusion of gender dysphoria in Section 504. Paxton argues that this inclusion constitutes federal overreach and complicates the accommodations provided under the law. The implications of this challenge are significant, as it raises questions about the law’s broader constitutional standing.

In a revealing section of the lawsuit, Paxton and his co-plaintiffs not only aim to void the gender identity protections but also assert that Section 504 itself is unconstitutional. This dual attack puts the future of crucial disability protections at risk.

According to the U.S. Department of Health and Human Services, Section 504 mandates that organizations receiving federal funds cannot discriminate against qualified individuals with disabilities. This applies to various institutions, including schools and hospitals.

As the situation unfolds, the Department of Health and Human Services is now under the Trump administration, adding another layer of uncertainty to the proceedings. Advocates for disability rights fear for the consequences should Section 504 be weakened or repealed.

In Texas alone, approximately 400,152 students benefited from these protections during the 2023-24 school year, with 3,372 having dual protection under both special education and Section 504. The outcome of this lawsuit will be crucial not just for these students but for disabled individuals nationwide.

As public discourse continues, stakeholders are urged to stay informed and monitor developments closely.