From Texas to Native Country: Texas v. Kennedy’s Threat to Natives with Disabilities

By Kim Mettler & Karen Wheeldon

Published in Association on American Indian Affairs, Indian Affairs Journal, Volume 198, Spring/Summer 2026 and has been updated since originally published.

In 2024, a group of 17 Republican-led states sued the federal government attacking section 504 of the Rehabilitation Act and its implementing regulations that protect people with disabilities from discrimination. Driven by concerns that the regulations make gender dysphoria a protected disability and the commitment to dismantle the anti-discrimination protections in Section 504, the lawsuit claimed that Section 504 and its regulations were unlawful and unconstitutional. The initial lawsuit changed after actions by the current administration, and now only five states continue their attack against people with disabilities to be protected from discrimination.(1) While the parties in the lawsuit have agreed to a temporary pause in the litigation, it is important that disability justice advocates and allies are aware of the case and the potential negative impacts to Native Peoples with disabilities. This article provides background information regarding disability rights, disabilities in Native Country, a summary of legal protections at stake, and the lawsuit. It also includes what readers can do to be allies at a time when civil rights for people with disabilities are under threat.

Read More