In a new lawsuit against a U.S. government agency, Texas Attorney General Ken Paxton is seeking to safeguard the state’s foster system. However, if the federal government has its way, federal funds could be withheld.
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 members of the Biden-Harris Administration. The lawsuit aims to stop a rule that imposes conditions on federal funding for foster care programs, requiring acceptance of “sexual orientation” and “gender identity” ideologies.
The new rule requires Title IV-E and Title IV-B agencies to ensure that foster care placements support a child’s self-professed “LGBTQI+” identity. State agencies that do not comply risk losing federal funding. Additionally, the rule worsens the impact of a growing shortage of foster care providers by compelling states to find providers that support “gender identity” ideology.
Furthermore, the Department of Health and Human Services (HHS) tried to impose this without the necessary legal authority. Title IV does not mandate any specific accommodations for “sexual orientation” or “gender identity,” so the arbitrary and unjust rule violates the Administrative Procedure Act. The rule also goes against the U.S. Constitution’s Spending Clause, as states like Texas were not given proper notice that federal funds for foster care programs could be withheld to enforce compliance with experimental gender theories.
“The Biden Administration is attempting to hold the Texas foster care system hostage to force unscientific, fringe beliefs about gender upon the entire country,” said Attorney General Paxton. “The new rule directly violates federal law and threatens to undermine our vital foster care programs, putting children who need safe, loving homes at risk.”
