Texas Attorney General Ken Paxton sues Biden administration over LGBTQ+ foster care regulations, claiming they impose “unscientific, fringe beliefs” and could worsen foster care provider shortages.
At a Glance
- Ken Paxton files lawsuit against federal LGBTQ+ affirming placement rule for foster youth
- Texas risks losing $432 million in annual federal funding if rule not implemented
- Paxton argues rule violates federal law and threatens foster care programs
- Advocates warn lawsuit could increase suicide risks among LGBTQ+ foster youth
- Rule requires supportive environments for foster children’s gender identity
Paxton Challenges Biden Administration’s Foster Care Rule
Texas Attorney General Ken Paxton has filed a lawsuit against the Biden administration, targeting new regulations that require foster care programs to support LGBTQ+ identities to access federal funding. The lawsuit, filed in the U.S. District Court for the Eastern District of Texas, argues that these mandates impose what Paxton calls “unscientific, fringe beliefs about gender” and could exacerbate the shortage of foster care providers in Texas.
At stake is approximately $432 million in annual federal aid that Texas could lose if it fails to implement the new rule. The regulation, finalized in December, mandates that foster care providers create supportive environments for a child’s sexual orientation and gender identity, and requires training to meet the specific needs of LGBTQ+ children.
Attorney General Ken Paxton Sues Biden Administration Over New Rule Forcing "Gender Identity" Ideology on Texas Foster Care System: https://t.co/9ZswfF7KN5
— Texas Attorney General (@TXAG) September 24, 2024
Legal Arguments and Potential Impacts
Paxton contends that the rule violates federal law and threatens to undermine the state’s foster care programs. The lawsuit claims that the U.S. Department of Health and Human Services (HHS) is imposing the rule without statutory authority, as Title IV of the Social Security Act does not mandate accommodations for sexual orientation or gender identity.
“The Biden Administration is attempting to hold the Texas foster care system hostage to force unscientific, fringe beliefs about gender upon the entire country,” Paxton said in the lawsuit. “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.”
The Attorney General’s office argues that the rule infringes on state sovereignty and conflicts with Texas laws regarding child abuse and eligibility to foster. Paxton is seeking a permanent injunction to prevent the rule’s enforcement, as well as a legal declaration regarding its validity.
Concerns from Advocates
Critics of Paxton’s lawsuit express concerns that not supporting the regulations could increase suicide risks among LGBTQ+ foster youth. Will Francis of the National Association of Social Workers criticizes the legal action, stating it prioritizes providers over the best interests of children.
“For the Attorney General to make such a political statement really runs counter to what we know is best for every kid,” said Francis. “We should be providing support, not erasure.”
Advocates estimate that about 30% of Texas foster children identify as LGBTQ+. They argue that not providing supportive environments for these youth could lead to higher costs for Texas taxpayers, including the use of unlicensed facilities. Implementing the federal rule, they contend, could help reduce mental health costs for LGBTQ+ foster youth.
Attorney Jacky Varela warns of potential consequences, stating, “We are going to get into a situation where people are empowered to discriminate against these kids,” adding that the lawsuit was appalling.
As this legal battle unfolds, the welfare of LGBTQ+ foster youth in Texas hangs in the balance, with both sides claiming to act in the best interests of children in the foster care system.
