Alaska joins lawsuit challenging accommodations for gender dysphoria

Alaska is one of 17 Republican-controlled states that signed on to a lawsuit filed this week against the federal government over a rule change that classified gender dysphoria as a disability.

The rule change sought by the administration of President Joe Biden means states that do not accommodate individuals experiencing gender dysphoria could be at risk of losing federal funding for a variety of programs, including Medicaid.

Gender dysphoria generally refers to the psychological distress experienced by transgender people as a result of the disparity between their assigned sex and their gender identity.

Alaska Attorney General Treg Taylor said in a statement that the rule is “another example of the Biden administration attempting to subordinate state policy and fiscal judgments to the federal government. The requirements of the rule are impossible to meet and would be devastating to State Medicaid programs.”

The lawsuit, led by Texas, asked the court to declare that the U.S. Department of Health and Human Services exceeded its authority when it adopted the rule in May.

The U.S. Supreme Court last year declined to review a ruling from a federal appeals court that found people with gender dysphoria are entitled to the protections of the Americans With Disabilities Act.

In Alaska, several attempts to restrict the rights of transgender people have failed to pass the Legislature. But the administration of Republican Gov. Mike Dunleavy has sought to limit state protections for transgender people through executive action, most recently by adopting a rule barring transgender children from competing in school sports on teams that conform with their gender identity.

Taylor, who was appointed Alaska’s attorney general in 2021, has repeatedly taken action to challenge protections for LGBTQ+ people. In 2021, he signed on to a federal suit challenging school and workplace protections for LGBTQ+ people. In 2022, he signed on to a suit over school meal guidance prohibiting LGBTQ+ discrimination.

In 2023, the Alaska State Commission for Human Rights began refusing to investigate complaints related to LGBTQ+ protections under advice from Taylor. The commission also narrowed workplace protections for transgender Alaskans under Taylor’s guidance.