Texas Attorney General Ken Paxton sued the Biden administration on Tuesday over a rule that would require states to incorporate gender ideology into their foster care systems.
of ruleThe bill, finalized in April, would require states to affirm a child's gender identity and sexual orientation when placing them in foster care. It would exacerbate a “growing foster parent shortage” and put pressure on Texas' Litigation They argue that the rule “inserts gender ideology into a legal system that has no room for it” and makes federal funding conditional on states adopting a particular view of gender.
“The Biden Administration is holding Texas' foster care system hostage and seeking to impose its unscientific and heretical views on gender on the entire country,” Attorney General Ken Paxton said. said “This new rule is in direct violation of federal law and threatens to undermine our vital foster care program and put at risk children who need a safe, loving home,” the statement said.
The lawsuit argues that because Title IV “does not address sexual orientation or gender identity,” the Department of Health and Human Services (HHS) lacks the legal authority to enforce the rule. (Related: “War on the Family”: Federal “home visiting” program labels parents who don't allow young children to cross-dress as potential abusers)
“There is no clear legal basis for establishing new requirements for alternative placements for LGBTQI+ children,” the lawsuit argues, “and thus, states such as Texas were not duly informed that their receipt of federal funds for foster care could be burdened by regulatory obligations to approve LGBTQI+ wards.”
Attorney General Ken Paxton is suing the Biden administration over new rules that would enforce “gender identity” principles in Texas' foster care system. https://t.co/9ZswfF7KN5
— Texas Attorney General (@TXAG) September 24, 2024
Paxton is part of a group of Republican attorneys general. Opposed The rules when proposed in September 2023.
In the final ruleDesignated facilities for LGBTQI+ youth must establish an environment that is “supportive of children's LGBTQI+ status and identity,” provide training to support children's gender-related needs, and facilitate access to “resources, services and activities that support children's health and well-being.”
HHS did not immediately respond to a request for comment.
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