EXCLUSIVE: Trump’s HHS Pulls Plug On Biden’s Gender Dysphoria Loophole

The U.S. Department of Health and Human Services (HHS) amended a Biden-era regulation on Friday and clarified that feelings of gender dysphoria are not a physical disability.

The HHS Office for Civil Rights (OCR) published a final rule clarifying that gender dysphoria that is not caused by physical impairment does not qualify as a disability under Section 504 of the Rehabilitation Act of 1973, which prohibits programs and activities that receive federal funds from discriminating against individuals on the basis of their disability. A 2024 Final Rule from the Biden administration hinted that gender dysphoria could qualify as a disability under the act.

“My uncle Ted Kennedy was the primary author of the Americans with Disabilities Act and the 1978 amendments that strengthened the Rehabilitation Act. The Biden-era pronouncements that indicated gender dysphoria may be a disability served the commercial interests of a predatory, multi-billion-dollar industry and betrayed the original intention of those laws,” said HHS Secretary Robert F. Kennedy, Jr. at December 2025 event where the proposed rule was announced.

“Congress defined which conditions qualify for protection as disabilities under federal law, and HHS has a duty to faithfully apply the law as written,” he added. “This final rule restores clarity to our regulations, respects the distinctions Congress established, and ensures that HHS administers Section 504 according to its statutory text.”

Section 504 The Rehabilitation Act of 1973 excluded “gender identity disorders not resulting from physical impairments” from coverage when the law was initially written.

“OCR enforces Section 504, which prohibits programs and activities that receive federal financial assistance from discriminating against individuals based on their disability. Several conditions were excluded from coverage when the law was written, including gender identity disorders not resulting from physical impairments,” HHS stated. “The 2026 Final Rule adds those statutory exclusions to HHS’ Section 504 regulation at 45 C.F.R. § 84.4(g) and makes clear that gender dysphoria not resulting from physical impairments falls within the exclusions.”

“For decades, HHS’ Section 504 regulations have defined disability consistently with the words Congress chose,” said HHS OCR Director Paula M. Stannard. “This rule ensures recipients of HHS funding follow those definitions, eliminating confusion for the people they serve and restoring confidence in the statute.”

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