Estimated read time: 3-4 minutes
- Utah Attorney General Derek Brown and 16 other states affirmed Section 504's constitutionality in a joint report.
- The report clarifies the Texas v. Becerra lawsuit doesn't challenge Section 504's legality, addressing public concerns.
- Brown emphasizes Utah's involvement to maintain influence and protect state interests amid potential federal funding conflicts.
SALT LAKE CITY — Utah Attorney General Derek Brown and other state attorneys general filed a new case document on Wednesday clarifying that the Texas v. Becerra lawsuit targeting a rule that treats "gender dysphoria" as a disability does not intend to declare the entire Section 504 as unconstitutional, following public backlash.
"I am pleased to announce today that all 17 states have officially notified the court that Section 504 benefits, accommodations and programs should be protected, and parents should not worry," said Brown. "Now that we have secured Section 504's support for Utah children, we will continue to challenge the Biden administration's unlawful regulations that would impose high costs on Utah. We anticipate resolving the issue shortly."
The lawsuit, Texas v. Becerra, was filed against the secretary of Health and Human Services by 17 states, including Utah, seeking to remove the Final Rule, a regulation that added "gender dysphoria" to Section 504 of the Rehabilitation Act of 1973. Section 504 requires federally funded institutions to provide reasonable accommodations to those with disabilities that substantially limit major life activities or they may not be eligible to receive federal funds.
This status update largely comes as a response to concerns from parents and citizens who felt the lawsuit threatened Section 504 protections as a whole. The initial filing used language that many took as an attempt to declare Section 504 unconstitutional.
According to the joint status report, "Plaintiffs clarify that they have never moved — and do not plan to move — the court to declare or enjoin Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, as unconstitutional on its face. Plaintiffs have not sought and do not seek to enjoin the disbursement of funds from the department on the basis that the statute is unconstitutional."
The lawsuit remains on hold while the Trump administration continues to rescind various policies created during the Biden administration. The status report includes a request that the court allow the stay on the case to continue so as not to waste government resources due to the likelihood that the case will be resolved by future policy changes.
A major concern listed in the initial filing by each state was the financial and regulatory burdens associated with the Final Rule. In January 2024, Gov. Spencer Cox signed a law that requires individuals to use gender-specific bathrooms based on their biological sex, no matter their chosen gender identity. Under the Final Rule, this type of state law may conflict with the federal law and put the state at risk of losing Section 504 federal funding.
Many constituents have questioned why Brown does not withdraw Utah from the lawsuit completely. His response is simple: He wants to keep Utah's voice and influence in the conversation.
"My job is to make sure that we solve the issue," Brown said. "We spent the time really digging into the issues and figuring out how we ensure that it's protected. That's why we didn't pull out, because we as a state need to maintain our leverage to make sure that the right thing is done for our kids."
Brown addressed nearly 250 citizens in a virtual webinar hosted by Utah Food Allergy Network to give updates on the case on Thursday. He emphasized that while he was not attorney general when the case was filed, he has taken an active role in updating the case and advocating for Section 504 because he wants to put those who may be affected at ease.
"We're only doing this (status report) right now, with this language, frankly, because of all of you," said Brown. "We want you to know that we're aware of the issue. We want you to know that this is something that needs to be addressed. And the fact that we've had so many people reach out, it matters."
Further information and regular status updates from the attorney general can be found on his social media.
