Texas Attorney General Ken Paxton has filed a lawsuit against the U.S. Department of Health and Human Services (HHS), HHS Secretary Xavier Becerra, and other Biden administration officials to challenge a new federal rule that mandates the acceptance of “sexual orientation” and “gender identity” ideologies in state foster care programs.
The rule requires agencies receiving federal funding under Title IV-E and Title IV-B to ensure that foster-care placements affirm a child’s self-identified LGBTQI+ status.
State agencies that fail to comply with this requirement could face the loss of federal funding. Paxton argues that this rule worsens the existing shortage of foster care providers by forcing states to seek out providers that endorse “gender identity” ideologies.
According to Paxton, HHS has imposed these requirements without statutory authority, as Title IV does not mandate special accommodations for “sexual orientation” or “gender identity.” He claims the rule violates the Administrative Procedure Act by being arbitrary and capricious and also breaches the U.S. Constitution’s Spending Clause, as states like Texas were not given adequate notice that federal funding for foster care programs could be contingent on adopting such policies.
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“The Biden Administration is trying to coerce Texas’s foster care system into accepting unscientific, fringe beliefs about gender identity,” said Attorney General Paxton. “This rule violates federal law and jeopardizes the well-being of children in need of safe, loving homes.”
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