The recent announcement from HHS clarifies that gender dysphoria is not considered a protected status under Section 504 of the Rehabilitation Act, contradicting the Biden administration's 2024 rule interpretation. HHS Secretary Robert F. Kennedy Jr. indicates that preamble references to gender dysphoria lack legal force, leading to concerns about discrimination against transgender individuals. The removal of protections undermines their rights in various sectors such as healthcare and education. This decision has been criticized as an attack on transgender rights, intensifying issues around legal recourse for discrimination.
The Department is nonetheless concerned there has been significant confusion about the preamble language referencing gender dysphoria in the 2024 Section 504 Rule.
Removing gender dysphoria as a protected disability is yet another angle of attack on transgender rights by the Trump administration.
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