Attorney General Ken Paxton speaks to supporters as he supports Tom Glass in his campaign for Texas State Representative on Jan. 24, 2024. Photo: Mikala Compton/American-Statesman / USA TODAY NETWORK via IMAGN
Texas Attorney General Ken Paxton recently announced that he is suing the U.S. Department of Health and Human Services (HHS), HHS Secretary Xavier Becerra, and various members of the Biden-Harris Administration for implementing new rules requiring foster care agencies to consider whether prospective families will affirm a child’s LGBTQ+ identity when deciding child placement.
The rule, Designated Placement Requirements Under Titles IV-E and IV-B for LGBTQI+ Children, was revealed on April 30 and went into effect on July 1. It specifies that “all foster care placements must be safe and appropriate for all children—including LGBTQI+ children,” meaning that LGBTQ+ children cannot be harassed or discriminated against by being placed in housing that doesn’t affirm their identities. Additionally, children under this rule — dubbed the “final rule” — are protected from being forcibly outed to prospective parents or staff at foster care agencies.
Related:
The final rule stipulates that foster care agencies have until October 1, 2026 to implement its provisions. Agencies that don’t will risk losing funding under Title IV-E and Title IV-B, both of which are legal provisions regulating funding for foster care facilities.
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Paxton alleges that the final rule would harm Texas by limiting the sovereignty of states. He also claims it “threatens substantial economic injury to Texas” because of the additional costs for compliance. His case doesn’t explain how this specific rule is different from any other proposed rule from federal agencies regulating foster care and other state services.
Paxton alleges that the final rule violates Texas state law, owing to Texas’ bans on gender-affirming care and restrictions on allowing trans youth to access sex-segregated spaces that align with their gender identity. His lawsuit makes comparatively scarce mention of how these laws relate specifically to sexual orientation or one’s intersex status.
Paxton made several legal arguments to oppose the final rule, including that it is entirely arbitrary, overextends federal authority, and violates the Spending Clause of the U.S. Constitution, which says Congress must legislate how the government spends taxpayer funds.
Paxton’s lawsuit seeks a permanent injunction on the rule, and for damages to be awarded to the plaintiffs.
“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 a statement. “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.”
Support for transgender individuals is backed by almost every single leading medical organization in the United States, including the American Psychological Association, the American Medical Association, the American Academy of Pediatrics, and the Endocrine Society.
The World Professional Association for Transgender Health (WPATH), the leading regulatory body on transgender care, recommends affirming trans children in the latest edition of their Standards of Care. WPATH details how failing to affirm trans children can result in immense harm, worsening mental health and increasing the potential of suicide attempts.
A recent study published in Nature Human Behaviorreveals that anti-trans laws across the U.S. directly cause transgender youth to attempt suicide.
LGBTQ Nation reached out to HHS for comment, but they did not respond before the time of publication.
Editor’s note: If you or someone you know is struggling or in crisis, help is available. Call or text 988 or chat at 988lifeline.org. The Trans Lifeline (1-877-565-8860) is staffed by trans people and will not contact law enforcement. The Trevor Project provides a safe, judgement-free place to talk for youth via chat, text (678-678), or phone (1-866-488-7386). Help is available at all three resources in English and Spanish.
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