Attorney General Alan Wilson of South Carolina has announced that the state will withdraw from a federal lawsuit challenging a Biden-era rule related to Section 504, which previously defined “gender dysphoria” as a covered disability. The move comes after the Department of Health and Human Services (DHHS) introduced a new rule aiming to reverse this definition.
Section 504 is a federal law designed to protect students with disabilities such as ADHD or diabetes by ensuring they receive necessary accommodations in schools. When Congress enacted the law, it specifically excluded “gender identity disorders not resulting from physical impairments, or other sexual behavior disorders.”
Attorney General Wilson commented on the development: “This Biden-era rule contradicted federal law and common sense. My Office challenged that rule in federal court. Now that President Trump is in office, his administration is working to undue the challenged rule, which I support. As a result, South Carolina is pulling out of the lawsuit. Our sole intention in the original lawsuit was to remove gender identity disorders and restore Section 504 to what Congress passed originally, so our work is done here.”
He added: “All along, there was never any intention to take away preexisting Section 504 accommodations. I applaud President Trump and his administration for its work to separate woke gender ideology from the important work of helping the individuals that the Rehabilitation Act supports.”
The decision aligns with changes at the federal level under President Trump’s administration regarding how disability protections are interpreted under Section 504.
