Regulatory Comment Letter: Transgenderism is Not a Disability

Regulatory Comment Letter: Transgenderism is Not a Disability

The IFPC Legal Center just submitted a letter supporting the Trump administration’s proposal to clarify that gender dysphoria is not a disability. You can read the letter here.

For background, the Biden administration—in yet another nod to the transgender movement—surreptitiously included regulatory language insisting that gender dysphoria might qualify as a disability under the Americans with Disabilities Act (ADA).

But here’s the problem: Congress had already enshrined in law that “gender identity disorders not resulting from a physical impairment” were prohibited from disability classification, leaving no doubt that the Biden administration’s move was clearly inconsistent with the law.

In response, the Trump Department of Health and Human Services (HHS) proposed a rule clarifying that the statute does not allow gender dysphoria to be classified as a disability. We strongly support the Trump administration’s action here, and we are grateful that they’ve taken the initiative to remedy this unlawful action from the Biden era.

Here’s why it matters: Classifying gender dysphoria as a disability would bring the full weight of federal and state anti-discrimination laws against businesses with biblical views on gender identity. It could also be used to redirect taxpayer dollars currently reserved for the disabled to those with gender dysphoria.

At its core, law must recognize the real, created differences God ordained in humanity. As we wrote in our letter:

Sex is an immutable characteristic of humanity. One is born either male or female. Some people struggle with this reality—some with very real, personal struggles—but law must not.

The IFPC Legal Center is committed to ensuring our law recognizes the most basic realities of humanity—especially the fundamental reality of biological sex. And we’re committed to ensuring that Christians can live out their religious beliefs in their personal lives.

The Trump administration is right to undo these Biden-era shenanigans—and we’re honored to support its work on this front.

Thanks for standing with us as we stand for truth in the law.

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