Maryland Attorney General Anthony G. Brown led a coalition of 18 other attorneys general in submitting a comment letter opposing a proposed rule by the U.S. Department of Health and Human Services that would change how “disability” is defined under Section 504 of the Rehabilitation Act of 1973.
The proposed rule would exclude gender dysphoria not resulting from physical impairments, and the coalition argues that the 30-day public comment period was insufficient, particularly because it occurred over major holidays.
In the letter, the attorneys general urged HHS to withdraw the proposal and maintain the current definition, citing concerns that the rule conflicts with established legal precedent and could limit states’ ability to protect residents from discrimination. They also called for extending the public comment period to 60 days to allow more meaningful input from affected stakeholders and said the proposal could negatively affect protections for individuals who are transgender or have disabilities.
