Senators Oppose Removing Gender Dysphoria Disability Status
Author: Senator Edward J. Markey
Published: 2026/01/23
Publication Type: Announcement
Category Topic: Americas - Related Publications
Page Content: Synopsis - Introduction - Main - Insights, Updates
Synopsis: This report details how three U.S. Senators are challenging a proposed federal rule change that would remove gender dysphoria from the disability definition under the Rehabilitation Act of 1973. The article matters to disability advocates, transgender individuals, and civil rights supporters because it highlights a policy proposal that could eliminate legal protections for people experiencing gender dysphoria - a recognized psychological condition causing significant distress. For people with disabilities and seniors navigating healthcare systems, this development signals potential shifts in how medical conditions are classified and protected under anti-discrimination law. The senators' letter warns that excluding one diagnosis from disability protections could establish precedent for narrowing protections for other conditions, affecting broader disability community rights and access to accommodations, healthcare, and legal recourse against discrimination - Disabled World (DW).
- Definition: Gender Dysphoria (GD)
Gender dysphoria (GD) refers to the significant psychological distress that can occur when a person's experienced gender identity differs from the sex they were assigned at birth. Recognized in the DSM-5 as a legitimate medical diagnosis, gender dysphoria manifests through persistent discomfort with one's physical characteristics, social gender role, or both, often leading to clinically significant impairment in social, occupational, or other important areas of functioning. The condition's severity varies widely - some individuals experience mild unease while others face debilitating distress affecting daily life, relationships, and mental health. It's crucial to understand that being transgender itself is not a disorder; rather, gender dysphoria specifically describes the distress component that some, but not all, transgender people experience. Treatment approaches focus on alleviating this distress through various means including social transition, hormone therapy, or surgical interventions, with clinical evidence showing that gender-affirming care significantly reduces symptoms and improves quality of life for those diagnosed with the condition.
Introduction
Markey, Sanders, Wyden Demand HHS Rescind Transphobic Rule Discriminating Against Those with Gender Dysphoria
Senators Edward J. Markey (D-Mass.), Bernie Sanders (I-Vt.), and Ron Wyden (D-Ore.) this week wrote to Secretary of Health and Human Services (HHS) Robert F. Kennedy Jr. and Director of the HHS Office for Civil Rights Paula M. Stannard in strong opposition to the Department of Health and Human Services' (the Department) proposed revision of regulations implementing Section 504 of the Rehabilitation Act of 1973 that would exclude gender dysphoria from the definition of "disability". Gender dysphoria is a recognized psychological diagnosis characterized by significant and often disabling distress.
The Department's harmful proposal, if finalized, would leverage anti-discrimination statutes to permit and promote discrimination against those who experience gender dysphoria. This effort is yet another transphobic action from this administration, which now seeks to rip away discrimination protections from individuals with gender dysphoria.
Main Content
In the letter, the senators wrote:
"We are gravely concerned that this proposed rule, if finalized, will not only invite discrimination against people with gender dysphoria, but will also set a precedent for additional exclusionary regulations and practices to take root - targeting other members of the disability community and the broader populace. We urge you to immediately rescind this proposal and commit to supporting discrimination protections for all people with disabilities. We cannot and will not stand for the distortion of our nation's fundamental anti-discrimination laws to be used to harm the very communities that these laws were meant to protect."
Senator Markey has been a staunch champion of trans and LGBTQ+ rights.
Earlier this month, Senator Markey joined a rally in front of the Supreme Court in support of transgender athletes.
In November, Senator Markey introduced the Transgender Health Care Access Act to bolster delivery of gender-affirming care.
Also in November, he joined colleagues in introducing a resolution commemorating the Transgender Day of Remembrance.
In June, Senator Markey slammed the U.S. Supreme Court's decision to uphold Tennessee's law banning gender-affirming care for trans youth in United States v. Skrmetti.
In September 2024, he led 162 of his colleagues in submitting an amicus brief in United States v. Skrmetti urging the Court to strike down Tennessee's ban on gender-affirming care for transgender youth.
Insights, Analysis, and Developments
Editorial Note: The intersection of disability rights law and gender identity protections represents uncharted territory in civil rights policy, where diagnostic classifications carry profound legal consequences beyond medical contexts. Whether gender dysphoria belongs within disability frameworks remains contentious - some transgender advocates reject the disability framing entirely, while others recognize the strategic value of these protections. This administrative proposal forces difficult questions about how we balance medical recognition, civil rights protections, and community preferences in an increasingly polarized political landscape where foundational anti-discrimination statutes face reinterpretation - Disabled World (DW).Attribution/Source(s): This quality-reviewed publication was selected for publishing by the editors of Disabled World (DW) due to its relevance to the disability community. Originally authored by Senator Edward J. Markey and published on 2026/01/23, this content may have been edited for style, clarity, or brevity.