Texas and 16 other states are suing to undo important updates made in 2024 to Section 504 of the Rehabilitation Act—a key law that protects people with disabilities from discrimination, especially in health care and human services.
This lawsuit, called Texas v. Kennedy (previously Texas v. Becerra), remains a serious threat to the civil rights of disabled people. When the case was first filed, these states asked the court to strike down Section 504 entirely and declare it unconstitutional. Thanks to strong pushback from the disability community, that extreme claim was withdrawn. But the case is still moving forward—and it’s still dangerous.
If the states win, they could roll back recent Section 504 updates that clarify and strengthen protections in health care, housing, community living, and family rights. This would make it easier for discrimination to occur and harder for disabled people to access the services and supports they need to thrive.
Additionally, recent statements from the U.S. Department of Health and Human Services suggest a troubling willingness to narrow protections for disabled people—such as by walking back recognition of gender dysphoria under Section 504. This is particularly concerning because disabled people have intersectional identities, including LGBTQIA+ identities, and policies that fail to account for this intersectionality risk further marginalizing people who already face compounding discrimination.
What’s at Stake?
- Civil Rights in Health Care: The 2024 Section 504 rule update strengthened protections against medical discrimination, helping to ensure that people with disabilities are not denied care, organ transplants, or accessible medical equipment.
- Equal Access to Life-Saving Care: If the lawsuit succeeds, it could reopen the door to discriminatory medical practices—like rationing care during public health emergencies based on disability.
- The Right to Live in the Community: Section 504 enforces the Olmstead v. L.C. decision, which affirms the right of disabled people to live in the most integrated setting possible—not institutions.
- Family and Parental Rights: Before the 2024 updates, disabled parents were at risk of losing custody simply because of their disability. The rules at risk in this lawsuit help address that injustice.
How Can You Help?
We must continue to fight back to protect our civil rights. Attorneys General across the country have the power to advocate for disability rights.
If your state is one of the 17 involved in Texas v. Kennedy, your Attorney General can still choose to withdraw from this harmful case. Even if your state is not involved in the lawsuit, national pressure matters, it can influence how the case moves forward.
- Call and/or email your Attorney General and urge them to publicly oppose Texas v. Kennedy.
- Share your story with policymakers. Explain how Section 504 protections have impacted your life and why these protections matter.
- Spread the word. Share this Action Alert and encourage your network to take action, urge them to contact their state’s Attorney General.
Find Your Attorney General’s Contact Information
Sample Scripts and Email Templates
For those in states directly involved in the case (Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and West Virginia):
For those in states NOT currently involved in the case:
