Maryland Attorney General Leads Coalition Opposing Federal Rule Regarding Gender Dysphoria

Maryland Attorney General Anthony G. Brown, along with 18 other state attorneys general, has voiced strong opposition to a proposed rule by the U.S. Department of Health and Human Services (HHS) that would remove anti-discrimination protections for individuals with gender dysphoria. The coalition submitted a comment letter arguing that the proposed change to the definition of “disability” under Section 504 of the Rehabilitation Act of 1973 is legally flawed and would negatively impact states’ abilities to safeguard their residents.

The HHS proposal, announced on December 19, 2025, seeks to amend regulations implementing Section 504, which prohibits discrimination based on disability. Specifically, the proposed rule would exclude “gender dysphoria not resulting from physical impairments” from the definition of disability. A significant concern raised by Attorney General Brown and the coalition is the limited 30-day comment period provided by HHS for public feedback. This short timeframe, which included major holidays such as Christmas, New Year’s, and Martin Luther King, Jr. Day, is seen as insufficient for affected stakeholders to adequately submit their views.

In their letter, the attorneys general urged HHS to withdraw the proposed rule and maintain the current definition of disability. The coalition contends that the proposed rule is based on an interpretation of medical classifications that conflicts with established legal precedents from appellate and district courts. Furthermore, they argue that the rule would hinder states’ capacities to enact and enforce protections against discrimination for transgender individuals and those with disabilities within their communities.

The coalition joining Maryland Attorney General Brown in this effort includes the attorneys general from California, Colorado, Connecticut, the District of Columbia, Delaware, Illinois, Massachusetts, Maine, Minnesota, New Mexico, Nevada, New York, New Jersey, Oregon, Rhode Island, Vermont, Washington, and Wisconsin. The attorneys general are requesting that HHS extend the public comment period to 60 days to allow for more comprehensive input.

This action by state attorneys general highlights ongoing legal and policy debates surrounding the definition of disability and its implications for civil rights protections. The opposition suggests that federal attempts to narrow existing anti-discrimination laws could face significant legal challenges and resistance from states committed to upholding such protections.

Article by Mel Anara, based upon information from the Maryland Attorney General’s Office

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