Attorney General Charity Clark has joined 17 other state attorneys general in opposing a proposed rule from the U.S. Department of Health and Human Services (HHS) that would change the definition of “disability” under Section 504 of the Rehabilitation Act of 1973 to exclude gender dysphoria.
In a comment letter submitted to HHS, Attorney General Clark and her counterparts argue that the proposed rule does not allow enough time for public input, goes against established legal precedent, and could undermine states’ efforts to protect residents from discrimination. The coalition is urging HHS to withdraw the proposal and keep the current definition of disability.
The Notice of Proposed Rulemaking was issued by HHS on December 19, 2025. It seeks to amend regulations implementing Section 504, which prohibits discrimination based on disability. The proposed change would specifically exclude “gender identity disorders not resulting from physical impairments” from being considered disabilities. The public was given a 30-day period—including major holidays such as Christmas, New Year’s Day, and Martin Luther King Jr. Day—to submit comments on the rule.
Joining Attorney General Clark in submitting the letter are attorneys general from California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Mexico, New York, Oregon, Rhode Island, Washington, and Wisconsin.
A copy of the letter is available on our website.
