Washington (January 22, 2026) – 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.
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.
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