Attorney General Kwame Raoul has joined a group of 17 attorneys general in opposing a proposed rule by the U.S. Department of Health and Human Services (HHS) that would change the definition of “disability” under Section 504 of the Rehabilitation Act of 1973 to exclude gender dysphoria.
The coalition, led by Raoul, submitted a comment letter arguing that the proposal limits public input time, goes against established legal decisions, and could make it harder for states to protect residents from discrimination.
“This is the Trump administration’s latest attempt to isolate some of our most vulnerable residents by attempting to exclude gender dysphoria from the definition of disability under the Rehabilitation Act, as it has been for over 50 years,” Raoul said. “I will continue to push back on the administration’s repeated and cruel efforts to discriminate.”
The proposed rule was announced on December 19, 2025. It seeks to modify existing federal protections by redefining “disability” so that it no longer includes “gender identity disorders not resulting from physical impairments.” HHS allowed only a 30-day period during the holiday season for public comments on this proposal.
In their letter, Raoul and other attorneys general urged HHS to withdraw its proposal and keep the current definition. They called for an extension of the comment period from 30 days to 60 days, stating this would give stakeholders more time to respond. The coalition also stated that HHS’s interpretation does not align with previous court rulings and would restrict state efforts in enforcing anti-discrimination laws and ensuring access to gender-affirming care.
Joining Attorney General Raoul were attorneys general from California, Colorado, Connecticut, Delaware, Maryland, Massachusetts, Maine, Minnesota, New Mexico, Nevada, New York, Oregon, Rhode Island, Vermont, Washington, Wisconsin and the District of Columbia.
As Illinois’ primary legal officer operating offices statewide—including in Chicago—Attorney General Raoul’s office supports residents through protective services such as consumer safeguards and civil rights complaint processes. The office advocates for vulnerable groups including workers and seniors while working with law enforcement agencies across Illinois. More information about these roles can be found at https://www.illinoisattorneygeneral.gov/index.
