In his last year in office, President Joe Biden signed an order adding “gender dysphoria” to the definition of “disability” outlined in Section 504. The lawsuit challenges this “Final Rule” to Section 504, with the attorneys general emphasizing that gender dysphoria cannot be definitively confirmed by any diagnostic test.
“Neither the President nor any executive branch agency has the power to unilaterally enact, amend, or repeal any statue. This is as true of a statute appropriating funds as it is any other statute,” the lawsuit alleges.
“One has to wonder if they’re doing it so they don’t have access to counsel, so that they can be held without rights, and so that the government can have these photo ops,” said American Civil Liberties Union lawyer Lee Gelernt.
New York Gov. Kathy Hochul, a Democrat and named defendant in the Department of Justice’s lawsuit, said that the state’s law is sound and has “been upheld by the courts time and time again.”
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