The Trump administration has moved to eliminate gender dysphoria from the list of disabilities protected under US federal law, signalling a significant policy shift that affects how transgender individuals are recognised and supported.
The condition, which has been officially recognised by the American Psychiatric Association since 2013 in its Diagnostic and Statistical Manual of Mental Disorders (DSM-5), is now excluded from protections under the Department of Health and Human Services.
While inclusion in the DSM-5 was viewed as progress by many in the trans and non-binary communities, it has also led to a common misconception — that all trans people must be diagnosed with gender dysphoria. This assumption has, at times, contributed to gatekeeping in access to gender-affirming care and recognition of transgender identities.
This policy reversal was formalised by Health Secretary Robert F Kennedy Jr., effectively nullifying protections established during President Joe Biden’s tenure. Biden had extended Section 504 of the 1973 Rehabilitation Act to include gender dysphoria, thereby shielding those diagnosed from discrimination under disability law.
However, that extension faced legal pushback. In 2023, Texas Attorney General Ken Paxton filed a lawsuit against the Biden administration over the inclusion, joined by attorney generals from 16 Republican-led states including Florida, Georgia, and Missouri. The case, Texas v. Becerra, argued that gender dysphoria should not fall under federal disability protections.
Disability rights advocates are alarmed, warning that the broader implications of the lawsuit could threaten the integrity of Section 504 itself. “The disability community is outraged and scared,” said Charlotte Cravins, a lawyer whose young son lives with Down syndrome and vision impairment.
“It would affect so many people that every person in our state – in our country – should be concerned,” Cravins added. “If they can erase protections for disabled children, then who’s next?”
Despite these fears, Georgia Attorney General Chris Carr stated that the lawsuit’s focus is narrow. “The constitutionality of 504 was never in question,” he insisted. “We are fighting one woke policy added by Biden for virtue-signalling.”
Sarah Warbelow, vice-president of legal at the Human Rights Campaign, urged communities to speak out. “It is important that folks, whether they are part of the disability community, part of the LGBTQ community, or simply allies… make their voices heard,” she told Teen Vogue. “We have seen this administration reverse course when there has been public outcry.”
Further developments are expected on Monday, 21 April, when Paxton is due to update the court, which may offer greater clarity on Texas’ position and the future of federal disability protections.
