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It can be hard to keep up with the attacks against human rights happening right now. In Texas v. Becerra, 17 states filed a lawsuit that could rule a foundational disability law—Section 504—to be unconstitutional. Section 504 of the Rehabilitation Act of 1973 is responsible for accommodations in health care, education, and more.
What is Section 504?
Section 504 is the backbone of disability protections in the United States. It states that programs and activities that receive federal funding can’t discriminate against disabled people on the basis of their disability. Section 504 also applies to programs and activities from the Executive Branch and USPS. Hospitals can’t deny organ transplants due to disability under section 504. Hospitals musts provide an interpreter for for deaf/hard of hearing patients under section 504. Disabled students have a right to a free and accessible public education under section 504, which we often see in the form of 504 plans. It applies to employment, transportation, housing, and more. Most of all, Section 504 created a framework for the Americans With Disabilities Act (ADA). Disabled people receive protections in public and private places and programs through the ADA, regardless of federal funding.
Why are States Suing Against Section 504?
Essentially, transphobia. A Fourth Circuit case called Williams v. Kincaid ruled that gender dysphoria “not related to physical impairments” can be considered a disability when it comes to Section 504 and the ADA. That grants people with gender dysphoria the same protections mentioned earlier, because “…restrictions that prevent, limit, or interfere with otherwise qualified individuals’ access to care due to their gender dysphoria, gender dysphoria diagnosis, or perception of gender dysphoria may violate section 504.” Opponents were upset that there were no religious exemptions to providing these services. However, these exemptions do exist, in different statutes that would apply.
The 17 states suing are Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and West Virginia. They believe that Section 504 is a “burden” to the states, especially in regards to gender dysphoria. Recent backlash has them “clarifying” in a status report that they don’t want to take away protections from disabled people by ruling Section 504 as unconstitutional. However, despite saying this, they still haven’t dropped the case or changed their claim.
Let’s be clear: The reasoning behind the suit is transphobic, and even if it wasn’t going to uproot the entirety of Section 504, we should fight against that as well. It is not the fault of trans people that an attack on their rights includes an attack on disabled people’s rights. No matter whose rights are on the line, we should fight against that. Gender dysphoria being protected by 504 means that gender-affirming care is a right. This is another in a long stream of orders and suits that are meant to harm trans people.
Why is Section 504 Important?
Ruling Section 504 as unconstitutional could become a slippery slope. If this fundamental law is considered a “burden” (language used by the states), it can unravel the ADA and other disability protection laws. Many worry that if the states win the suit, they can then go and sue against anti-discrimination laws applying to race-based and gender-based laws.
Additionally, Section 504 provides us with a legal pathway when dealing with inaccessibility. Despite the fact that we’re supposed to be guaranteed accessibility through 504 and the ADA, inaccessibility is everywhere. A quadriplegic mother didn’t have access to an accessible room when she gave birth to her twins. There are still voting areas that are inaccessible to disabled people in various ways, interfering with their right to vote. The process for an IEP or 504 Plan when you’re in school can sometimes be long and grueling. Disability applications can take years. Most disabled people have a story of when they had to face inaccessibility. Having these rights in the law means that we have a course of action rather than “toughing it out.” Even with the lack of accessibility we face nationwide, the 17 states are claiming that the little they are doing is still a “burden.”
Educating Myself
Educate yourself on disability and accessibility. As a disabled person, it can be exhausting having to educate people all of the time. FBC gives me the chance to do that when I want to, but not everybody gets a choice.
Some books I recommend are Demystifying Disability by Emily Ladau, Against Technoableism by Ashley Shew (which I have a podcast segment about), Disability Visibility edited by Alice Wong, The Anti-Ableist Manifesto by Tiffany Yu, and Being Heumann by Judith Heumann.
You can also follow disabled content creators, such as Imani Barbarin, Tiffany Yu, and Alice Wong.
I highly recommend you watch the documentary Crip Camp.
Watch this webinar recording: it’s a briefing on what you need to know about Texas v. Becerra.
What Can I Do?
Texas v. Becerra is currently on a month-long pause. This gives us a month to fight this suit in every way we can.
Call your attorney general’s office and make sure they know you support Section 504. If you live in a state suing Section 504, tell them to drop the suit. Calls are the most effective, but physical mail works too (letters, postcards, etc.). Get those around you to do the same. The larger the volume of the calls, the more pressure there is on the office. If you’re able to call every day, that puts even more pressure on them. The attorney generals in Alabama, Arkansas, Florida, Georgia, Iowa, Kansas, Nebraska, South Carolina, South Dakota, and Texas are up for reelection in 2026. Make it clear that where they side in Texas v. Becerra will change how you vote for them.
Share the importance of Section 504. If you have personal stories about how Section 504 has helped you or a loved one, share those stories (with their permission). We’ve seen that personal stories make a large impact on people.
Support mutual aid efforts and grassroots organizations. Some organizations include Women’s Enabled International, Disability Rights Fund, Autistic Women and Nonbinary Network, and the American Association for People with Disabilities.
Make sure to watch for organizations filing amicus briefs. Amicus brief is short for amicus curiae brief, literally a “friend of the court” brief. Amicus briefs help interested parties be heard in important cases like Texas v. Becerra. If you see an amicus brief filed by an organization that aligns with your values, take a look to see if you can donate to their cause or volunteer for them to help get their message out.
Together we can protect the future of accessibility in this country!
