Texas Attorney General Ken Paxton joined two comment letters to the United States Department of Health and Human Services (“HHS”) opposing a proposed rule that forces state foster care programs and providers to “affirm” radical gender ideology for youth under their care, threatening to remove faith-based providers from the foster care system.
States are responsible for administering foster care programs within their jurisdiction, often partnering with religious organizations and faith-based foster care providers. However, under this proposed rule, many of these faith-based organizations and providers would be removed from the system entirely under threat of legal action for failing to support “LGBTQ+ affirmation” for minors by word and deed. This rule violates First Amendment protections of freedom of speech and religion, places a financial burden on states, and risks worsening a national shortage of foster homes for children in need.
The Alabama-led letter states: “This proposed rule seeks to accomplish indirectly what the Supreme Court found unconstitutional just two years ago: remove faith-based providers from the foster care system if they will not conform their religious beliefs on sexual orientation and gender identity.”
“In addition to discriminating against religion, the proposed rule will harm children by limiting the number of available foster homes, harm families by risking kinship placements, and harm states by increasing costs and decreasing care options. These injuries will be suffered while HHS fails to solve a problem that the proposed rule does not even prove exists in foster care,” the letter continued.
Attorney General Paxton and other attorneys general request that the HHS proposed rule be reconsidered as it infringes on states’ ability to administer their foster-care programs and directly violates the First Amendment rights of foster care organizations and providers.
Original source can be found here.