Georgia AG Clarifies Lawsuit’s Impact on Disability Rights Law

ATLANTA, Ga. (Atlanta News First) – Georgia Attorney General Chris Carr is among 17 Republican state attorneys general reaffirming their support for the Rehabilitation Act of 1973, despite a lawsuit challenging a recent rule related to transgender rights that has sparked parental concerns over disability services.

The lawsuit, initiated by attorneys general led by Texas in September, contests a rule from the Biden administration that interprets gender dysphoria as a disability within the framework of the Rehabilitation Act. Carr emphasized that their legal action does not aim to declare the 1973 law unconstitutional; rather, it seeks to challenge a specific interpretation.

“We are not seeking to declare Section 504 unconstitutional,” Carr said. “Our lawsuit is focused solely on fighting the Biden-Harris administration’s attempts to expand the definition of ‘disability’ to include ‘gender dysphoria.’”

Advocacy groups expressed alarm over potential ramifications of the lawsuit, fearing it could undermine protections for disabled children. Kim Gibson, executive director of a nonprofit organization, stated, “Section 504 ensures equal access for individuals with disabilities, not special treatment.”

Despite these concerns, Carr and his colleagues reiterated that their goal is to protect existing resources for children with disabilities. The complaints in the lawsuit center on a provision that they argue would misallocate resources intended for students who require them most.

“Our challenge was solely about this rule, which, if implemented, would have stripped existing 504 resources away from students who need them,” Carr’s office reiterated. “Georgians shouldn’t have their tax dollars spent on treating ‘transgender dysphoria’ as a disability.”

Critics, including Devon Ormond from the Georgia Advocacy Office, argue that overturning Section 504 would significantly impede the rights of individuals with disabilities. “Losing this funding would be devastating,” Gibson remarked, asserting the necessity of Section 504 in maintaining equality and access for disabled individuals.

The lawsuit’s wording has led to misunderstandings about its implications. Jeff LeMaster, spokesperson for Arkansas Attorney General Tim Griffin, noted, “Many are confused about the legal language, assuming it attacks the legislation rather than a specific rule.”

As the legal dispute unfolds, stakeholders continue to voice the importance of upholding Section 504 amid ongoing discussions about disability rights and protections. “It’s crucial for disabled voices to be heard and their histories shared,” said Dom Kelly, emphasizing advocacy’s role within the community. “Storytelling is vital in gaining momentum to protect these rights.”

The attorneys general recently submitted a joint status report requesting a pause on the case, maintaining that they do not seek to disband Section 504. Nonetheless, the legal status remains unchanged pending a judge’s approval.

Shira Wakschlag, Senior Director for Legal Advocacy & General Counsel, remarked, “We all need to stay informed and vigilant. The disability community is committed to protecting their rights, and ongoing engagement is essential.”

As of now, Section 504 remains in effect, with stakeholders watching closely to ensure its protections for individuals with disabilities endure amidst the evolving legal landscape.