Texas Attorney General Ken Paxton has voiced his opposition to a proposed rule by the United States Department of Health and Human Services (HHS) that would force state foster care programs and providers to adhere to radical gender ideology. This rule threatens to remove faith-based providers from the foster care system, infringing upon their First Amendment rights of freedom of speech and religion.
Under the proposed rule, faith-based organizations and providers would be required to support "LGBTQ+ affirmation" for minors under their care. Failure to comply could result in legal action and the removal of these organizations from the foster care system. This not only violates religious freedom but also places a financial burden on states and exacerbates the national shortage of foster homes for children in need.
Attorney General Paxton joined two comment letters opposing the rule, one led by Alabama and the other led by Tennessee. The Alabama-led letter highlights that the proposed rule aims to indirectly achieve what the Supreme Court deemed unconstitutional just two years ago: removing faith-based providers from the foster care system based on their religious beliefs about sexual orientation and gender identity.
The letter also emphasizes the harm that this rule would cause to children, families, and states. By limiting the number of available foster homes, risking kinship placements, and increasing costs, the rule fails to address any proven problems in the foster care system. Despite these detrimental consequences, HHS has not provided evidence to support the need for such a rule.
Attorney General Paxton and his counterparts from other states are urging HHS to reconsider the proposed rule. They argue that it infringes on states' ability to administer their foster care programs and directly violates the First Amendment rights of foster care organizations and providers.
It is crucial to protect the religious freedom of faith-based organizations while ensuring the well-being of children in the foster care system. This opposition from Attorney General Paxton and other attorneys general highlights the potential consequences and constitutional concerns associated with the HHS rule.
To access the Alabama-led letter and the Tennessee-led letter, click on the respective links.
Click this link to access more information: https://www.texasattorneygeneral.gov/news/releases/attorney-general-ken-paxton-opposes-hhs-rule-discriminating-against-religious-foster-care-providers