BALTIMORE, MD – Attorney General Anthony G. Brown today led a coalition of 18 other attorneys general in submitting a comment letter on the U.S. Department of Health and Human Services’ (HHS) proposed rule that would reverse HHS regulations concerning the definition of “disability” under Section 504 of the Rehabilitation Act of 1973 to exclude gender dysphoria. In the letter, Attorney General Brown and the coalition argue that the proposed rule provides insufficient time for the public to submit comments, contradicts extensive legal precedent, and harms states’ abilities to protect their communities from discrimination.
On December 19, 2025, HHS issued a Notice of Proposed Rulemaking for a rule that would modify the regulation implementing section 504 of the Rehabilitation Act of 1973, an act that prohibits discrimination on the basis of disability. The proposed rule would amend the definition of “disability” to exclude “gender dysphoria not resulting from physical impairments.” HHS only provided a 30-day window, which fell over the Christmas, New Year, and Martin Luther King, Jr. Day holidays, for the public to submit comments on the proposed rule.
In today’s letter, Attorney General Brown and the coalition urge HHS to rescind the proposed rule and retain the existing definition of disability in the regulations. Attorney General Brown and the coalition argue that:
- HHS should extend the comment period from 30 days to 60 days to provide adequate opportunity for affected stakeholders to submit feedback;
- The proposed rule relies on an interpretation of medical classifications that contradicts extensive legal precedent from an appellate and several district courts; and
- The proposed rule harms the ability of states to protect individuals in their communities who are transgender or have disabilities.
Joining Attorney General Brown in filing today’s letter are the attorneys general of 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.
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