Public Outcry Erupts Over GOP Lawsuit Threatening Disability Rights

A multi-state lawsuit initiated by Republican attorneys general aims to dismantle portions of a federal law designed to protect individuals with disabilities from discrimination. This legal move has ignited widespread concern among advocates, parents, and local officials across the country.

The lawsuit predominantly targets protections for transgender individuals, but experts warn its implications could jeopardize federal safeguards for all people with disabilities. The challenge stems from Texas Attorney General Ken Paxton’s lawsuit filed in September against the Biden administration for adding gender dysphoria as a recognized disability under the 1973 Rehabilitation Act.

In a show of solidarity, 16 other state attorneys general have joined Paxton’s cause, representing states including Alaska, Florida, and West Virginia. This coalition has faced growing backlash from the public, fueled by uncertainty regarding the lawsuit’s true intentions.

Charlotte Cravins, a Louisiana attorney and mother of a child with Down syndrome, expressed the fears resonating within the disability community. She stated the lawsuit threatens to challenge the constitutionality of significant portions of the law, potentially allowing schools and workplaces to retract long-established accommodations.

The provision under scrutiny, Section 504 of the Rehabilitation Act, has mandated protections against discrimination based on disability for nearly 50 years—impacting everything from organ transplants to educational support for deaf students. Last May, the Biden administration classified gender dysphoria as a covered disability, a move that precipitated the current lawsuit.

National disability rights organizations have mobilized, urging the public to voice their concerns, resulting in heightened advocacy efforts and discussions with state lawmakers. Despite the growing dissent, some attorneys general remain steadfast. Georgia’s Chris Carr argues that the lawsuit is aimed purely at reversing the Biden administration’s decisions, maintaining that it wouldn’t undermine existing protections for individuals with disabilities.

Arkansas Attorney General Tim Griffin echoed that sentiment, asserting that a ruling in favor of the plaintiffs would not negate existing disability regulations. However, influential legal experts like Erwin Chemerinsky of UC Berkeley suggest otherwise, emphasizing that the lawsuit requests a declaration that Section 504 is unconstitutional, signaling a potential overhaul of disability protections.

The legal proceedings are currently paused as the case awaits developments from the Biden administration. Some involved attorneys general anticipate a reversal of policy, which could influence the continuation of the lawsuit.

As public scrutiny mounts, certain attorneys general, like South Carolina’s Alan Wilson, have begun to distance themselves from the lawsuit’s broader implications. Wilson noted that the recent executive order affirming a binary understanding of gender might affect South Carolina’s position in the litigation.

Grassroots movements are encouraging parents and advocates to take action. Cravins, for instance, has reached out to her state attorney general, emphasizing that her son requires Section 504 protections for essential therapies and educational support. Cravins believes that the lawyers supporting the lawsuit are misleading the public regarding its potential ramifications.

Ryan Renaud, a school board member in Alabama, reported an increase in concerns from parents regarding Attorney General Steve Marshall’s involvement in the lawsuit. The implications of losing Section 504 protections could extend well beyond disabilities typically associated with special education, affecting students with a range of health issues including ADHD and diabetes.

Educational funding tied to Section 504 contributes significantly to special education in public schools, and any loss of these federal mandates could compel states to fill substantial financial gaps. With Alabama spending over $30 million annually on special education, the prospect of local funding increases seems unlikely.

Last year, approximately 1.6 million students with disabilities received support through Section 504 nationwide, underscoring the significant impact of this law on educational access and resources.