CHICAGO – Attorney General Kwame Raoul today joined 17 other attorneys general in submitting a comment letter opposing the U.S. Department of Health and Human Services (HHS)’ proposed rule that would amend the definition of “disability” under Section 504 of the Rehabilitation Act of 1973 to exclude gender dysphoria.
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In the letter, Raoul and the coalition argue that the proposed rule provides insufficient time for the public to submit comments, contradicts extensive legal precedent, and harms states’ abilities to protect their communities from discrimination.
“This is the Trump administration’s latest attempt to isolate some of our most vulnerable residents by attempting to exclude gender dysphoria from the definition of disability under the Rehabilitation Act, as it has been for over 50 years,” Raoul said. “I will continue to push back on the administration’s repeated and cruel efforts to discriminate.”
On Dec. 19, 2025, HHS proposed a rule that would modify the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability. The proposed rule would amend the definition of “disability” to exclude “gender identity disorders not resulting from physical impairments.”
HHS provided a 30-day window over the holiday season for the public to submit comments on the proposed rule.
In the letter, Attorney General Raoul and the coalition urge HHS to rescind the proposed rule and retain the existing definition of disability. They argue that:
- HHS should extend the comment period from 30 days to 60 days to provide adequate opportunity for affected stakeholders to submit feedback.
- The proposed rule relies on an interpretation of medical classifications that contradicts legal precedent from an appellate and several district courts.
- The proposed rule harms the ability of states to protect individuals in their communities who are transgender or have disabilities, including through the enforcement of existing evidence-based state laws prohibiting discrimination and ensuring access to gender-affirming care.
Joining Attorney General Raoul in filing the letter are the Attorneys General of California, Colorado, Connecticut, the District of Columbia, Delaware, Maryland, Massachusetts, Maine, Minnesota, New Mexico, Nevada, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
