FOR IMMEDIATE RELEASE: Thursday, Feb. 20, 2025

Contact: Tony Mangan, Communications Director, 605-773-6878 

PIERRE, S.D. – South Dakota Attorney General Marty Jackley announces that court filings in Texas Federal Court are evidence 17 States, including South Dakota, who filed a lawsuit against the Biden Administration’s attempt to bring gender dysphoria as a disability in the Rehabilitation Act of 1973 are clearly not asking that the lawsuit rule all of Section 504 unconstitutional.

“Despite the considerable misinformation about this lawsuit, the intent of this lawsuit was never to ask the Court to declare all of Section 504 unconstitutional or to any way reduce funding for disabled children and their families,” said Attorney General Jackley. “This lawsuit is only about challenging a Biden administration attempt to use needed disability funding to force boys into girls’ bathrooms and locker rooms. The Attorneys General understand the importance of Section 504, and the Texas lawsuit filing report makes this abundantly clear.”

South Dakota joined the Texas lawsuit in 2024 challenging a Biden administration categorization of gender dysphoria as a disability under Section 504. The Biden Rule would have required schools and universities to allow boys to use girls’ bathrooms and showers and live in girls’ dormitories. It also would have allow males to compete in girls’ and women’s sports and require teachers and students to use confusing sex pronouns.

President Trump signed an executive order on Jan. 20, 2025 that removed “gender identity disorders” from Section 504.

A copy of the lawsuit status report, which was filed Wednesday and which clearly defines the scope of the litigation, can be found here:

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