If you’ve been reading this blog any length of time, you know that Texas Attorney General Ken Paxton has been suing the Biden Administration for both dereliction of federal duties and regulatory overreach. The latter has included several lawsuits against the Biden Administration over their attempts to impose a radical transexual agenda via judicial fiat, and on this front Paxton has just filed another one, this time over the Americans With Disabilities Act.
Texas and 16 other states sued the Biden administration, accusing it of attempting to unlawfully rewrite a federal disability law to include “gender dysphoria” in a newly approved rule.
The lawsuit was filed on September 26 against the U.S. Department of Health and Human Services (HHS) under the charge that its rule “upends decades of established federal disability law” by redefining “gender dysphoria” as a disability under the Americans With Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.
Section 504 of the Rehabilitation Act and the ADA were signed into law in 1977. Section 504 states, “No otherwise qualified individual with a disability in the United States … shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under … any program or activity conducted by any Executive agency…”
According to the lawsuit, Section 504 “prohibits ‘any program or activity’ that receives federal financial assistance from discriminating against a qualified individual with a disability.”
The ADA defines a disability as “a physical or mental impairment that constitutes or results in a substantial impediment to employment.”
The HHS issued a rule in May titled “Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,” which included a change to Section 504 that states gender dysphoria “may be a disability.”
It determined that any “restrictions that prevent, limit, or interfere with otherwise qualified individuals’ access to care due to their gender dysphoria, gender dysphoria diagnosis, or perception of gender dysphoria, may violate section 504.”
However, Attorney General Ken Paxton’s lawsuit asserts that when Congress enacted Section 504 and the ADA in the 70s, “it established as a matter of law that ‘transvestism, transsexualism . . . [and] gender identity disorders not resulting from physical impairments, or other sexual behavior disorders,’ are not protected disabilities.”
The lawsuit additionally seeks to have a 2002 amendment to Section 504, “Nondiscrimination Under Federal Grants and Programs,” declared unconstitutional, claiming it “applies with extreme breadth” to any “program or activity receiving Federal financial assistance,” meaning all recipients of Federal funds are subject to compliance to the Rehabilitation Act.
The court documents allege that the HHS rule “exposes” the 17 states and their agencies to “loss of federal funding.”
“The Biden Administration is once again abusing executive action to sidestep federal law and force unscientific, unfounded gender ideology onto the public,” Paxton said in a press release.
Funny how a man pretending to be a woman is simultaneously both a powerful personal statement of individuality that requires large companies to demand people use officially sanctioned pronouns and a mental illness that requires the federal government to invoke the ADA to remove federal funds unless targeted political enemies bow down to radical transsexual social justice. The answer appears to change depending on whichever is most useful for radical leftwing Democrats to force ordinary Americans to bend to their will.
Paxton has won several previous lawsuits on the issue, and I expect him to win this one as well.