Texas Attorney General Ken Paxton has initiated legal action against the U.S. Department of Health and Human Services (HHS), HHS Secretary Xavier Becerra, and other members of the Biden-Harris Administration. The lawsuit aims to halt a new rule that ties federal funding for foster care programs to the acceptance of "sexual orientation" and "gender identity" ideologies.
The contested rule mandates that Title IV-E and Title IV-B agencies must ensure foster-care placements affirm a child's self-professed "LGBTQI+" identity. Non-compliance by state agencies could result in the loss of federal funding. Additionally, the rule may exacerbate the shortage of foster care providers by requiring states to find providers that support "gender identity" ideology.
Paxton's office argues that HHS lacks statutory authority to impose such requirements. According to Paxton, Title IV does not mandate special accommodations for "sexual orientation" or "gender identity." He claims this makes the rule arbitrary and capricious, violating the Administrative Procedure Act. Furthermore, Paxton contends that the rule breaches the U.S. Constitution’s Spending Clause because states were not given fair notice that federal funds might be withheld for non-compliance with these requirements.
"The Biden Administration is attempting to hold the Texas foster care system hostage to force unscientific, fringe beliefs about gender upon the entire country," said Attorney General Paxton. "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."
To read the filing, click here.