Paxton Sues Biden-Harris White House on New Gender Identity Ideology on TX Foster Care System

Texas Attorney General Ken Paxton sued the U.S. Department of Health and Human Services (โ€œHHSโ€), HHS Secretary Xavier Becerra, and other members of the Biden-Harris Administration to stop a rule that unlawfully conditions federal funding for foster care programs on the acceptance of โ€œsexual orientationโ€ and โ€œgender identityโ€ ideologies.

Under the new rule, Title IV-E and Title IV-B agencies would be forced to ensure that foster-care placement โ€œaffirmsโ€ a childโ€™s self-professed โ€œLGBTQI+โ€ identity. State agencies that do not comply risk losing federal funding.

Further, the rule exacerbates the impact of a growing shortage of foster care providers by compelling States to find providers that support โ€œgender identityโ€ ideology.

Moreover, HHS attempted to force this upon the States without any statutory authority to do so. Title IV does not include any requirement for special accommodations for โ€œsexual orientationโ€ or โ€œgender identity,โ€ and, as such, the arbitrary and capricious rule violates the Administrative Procedure Act.

The rule also violates the U.S. Constitutionโ€™s Spending Clause, as States such as Texas were not provided fair notice that federal funds for foster care programs might be withheld to compel compliance with experimental gender theory.

โ€œThe Biden Administration is attempting to hold the Texas foster care system hostage to force unscientific, fringe beliefs about gender upon the entire country,โ€ said Attorney General Paxton. โ€œThe new rule directly violates federal law and threatens to undermine our vital foster care programs, putting children who need safe, loving homes at risk.โ€

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